Family Home in UK Law

Leading Cases
  • White v White
    • House of Lords
    • 26 Outubro 2000

    In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. If, in their different spheres, each contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Maio 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Jitendra Rai v Entry Clearance Officer, New Delhi
    • Court of Appeal (Civil Division)
    • 28 Abril 2017

    But that, in my view, was not to confront the real issue under article 8(1) in this case, which was whether, as a matter of fact, the appellant had demonstrated that he had a family life with his parents, which had existed at the time of their departure to settle in the United Kingdom and had endured beyond it, notwithstanding their having left Nepal when they did.

  • Navaratnam Kugathas v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 21 Janeiro 2003

    Because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: see S v United Kingdom (1984) 40 DR 196 and Abdulaziz, Cabales and Balkandali v United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependent on his family or vice versa.

  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Fevereiro 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • Vikas Singh and Another v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 24 Junho 2015

    In the case of adults, in the context of immigration control, there is no legal or factual presumption as to the existence or absence of family life for the purposes of Article 8. I point out that the approach of the European Commission for Human Rights cited approvingly in Kugathas did not include any requirement of exceptionality. On the other hand, a young adult living independently of his parents may well not have a family life for the purposes of Article 8.

  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 Maio 2004

    But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.

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Legislation
  • Bankruptcy (Scotland) Act 2016
    • Scotland
    • 01 de Janeiro de 2016
    ... ... (Scotland) Act 2007, Part 2 of the Home Owner and Debtor Protection (Scotland) Act 2010, the Bankruptcy and Debt ... of aliment” having the meaning given by section 1(2) of the Family Law (Scotland) Act 1985) ,(b) the debtor to make a periodical allowance to ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 01 de Janeiro de 2021
    ... ... in civil proceedings; to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to make further provision ... instructions given by that person from time to time;(b) if P changes home address, must notify the person specified under subsection (2) of the new ... ...
  • The National Minimum Wage Regulations 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ... ... a place of work for the purposes of working, unless the worker is at home; ... (c) hours a worker spends travelling for the purposes of working, ... Work does not include work relating to family household ... 57. -(1) In these Regulations, "work" does not include any ... ...
  • Regulation and Inspection of Social Care (Wales) Act 2016
    • Wales
    • 01 de Janeiro de 2016
    ... ... for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre ... ...
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Books & Journal Articles
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Forms
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