E v E (Non-molestation order)

JurisdictionEngland & Wales
Judgment Date03 January 1994
Date03 January 1994
CourtCourt of Appeal (Civil Division)

Court of Appeal

E
and
E (Non-molestation order)

Husband and wife - no ouster order - rape

No ouster after rape

Where it was proved before a court of competent jurisdiction that a husband had either raped or attempted to rape his wife, an order to oust the husband from the matrimonial home would normally follow. But where the wife had indicated in evidence in chief that she did not necessarily wish the husband to leave the home, it was within the judge's discretion to make an order barring the husband...

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2 cases
  • Paul Ian Hose
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 10 November 1994
    ...specimen counts have been prepared. This has already been decided by another constitution of this court in R v Crutchley and Tonks, (Times 3 January 1994), but in that case there was no acceptance by the defendant's counsel that the court could have regard to matters other than those contai......
  • El Ajou v Dollar Land Holdings Plc
    • United Kingdom
    • Chancery Division
    • 6 December 1995
    ...the rights of a third party. Mr Justice Robert Walker so held, on a remission to the Chancery Division by the Court of Appeal (The Times January 3, 1994; (1994) 2 All ER 685) for the purpose of decision on quantum, of an action by the plaintiff, Mr Abdul Ghani El Ajou, against Dollar Holdin......
1 books & journal articles

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