Derhalli v Derhalli
Nathaniel Duckworth and Nigel Dyer QC of 1 Hare Court appear for the successful Appellant in the Derhalli v Derhalli case concerning the interpretation of a consent order made in divorce and financial remedy proceedings. If the order provides for the matrimonial home, which is registered in the husband’s sole name, to be sold, but is silent as to whether the wife can continue to reside there until a sale is achieved, can the husband evict her or make her pay rent or damages for use and occupation if she stays? HHJ Gerald said ‘yes’, but Fancourt J has now said the answer is ‘no’. The decision will be required reading for family law practitioners.
Nathaniel Duckworth and Nigel Dyer QC of 1 Hare Court (instructed by Charles Russell Speechlys LLP) appeared on behalf of the Defendant/Appellant.
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