The Law Reports (Queen's Bench Division)
[1969] 1 QB 258
[QUEEN'S BENCH DIVISION]
MILES
v.
BULL
1968 Aug. 30
MEGARRY J.
Husband and Wife
— Matrimonial home
— Separation
— Adverse disposition to disadvantage of occupying spouse
— Precautionary registration of notice or caution
— Need for.
Land Registration
— Matrimonial home
— Adverse disposition to disadvantage of occupying spouse
— Precautionary registration of notice or caution
— Need for.
Practice
— Summary procedure under Order 14
— Sale by husband of matrimonial home
— Wife remaining in home
— Action by purchaser for possession
— Claim for summary judgment
— Wife's 259allegation that sale a sham intended to deprive her of occupation
— Insufficient evidence to establish arguable defence
— Transaction needing careful scrutiny in interests of justice
— Facts within control of plaintiff
— Whether wife should be given leave to defend
— Whether “there ought for some other reason to be a trial”
—
R.S.C. (Rev. 1965) (S.I. 1965, No. 1176), Ord. 14, r. 3 (1).
[1]
260
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