Guernsey Judgment 31/2008 - E v E

View printable version

Matrimonial Causes (Guernsey) Law, 1939 - husband's appeal from order of the Royal Court revesting the former matrimonial home - husband had refused to execute documentation to give effect to an earlier decision of the Court of Appeal (See Judgment 43/2007, reported at 2007-08 GLR 133) - Royal Court had failed to have regard to the European Convention on Human Rights, Article 1 of the First Protocol - Article 57 of the 1939 Law provided a straightforward remedy for refusal by a party to execute a document - submission that Article 46 gave no power to a Court to order concurrence to a change in the terms of an existing liability over-ruled - only in exceptional circumstances can a Court reopen its earlier decision - held that the previous order of the Court was enforceable and must be enforced - appeal allowed