Jurisdiction: Keeping within the limits

Rebecca Viola and Arabella Ho You analyse the court’s approach where the wardship jurisdiction was found to be limited by the power of another public authority The courts may grant an injunction ex parte but there are limited circumstances in which it is appropriate to apply without notice, ie only where proper notice is impossible …
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Akhter v Khan & anr [2018] WTLR 729

Wills & Trusts Law Reports | Autumn 2018 #173

Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.

A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...