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Civil way: 19 October 2018

18 October 2018
Issue: 7813 / Categories: Features , Civil way , Procedure & practice
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Nullity attack; HMO v s21; MIB weeps; recognised tenants rule.

NIKAH NULLITY

Either party to an Islamic religious Nikah ceremony which has not been followed by a civil ceremony recognised under English law may nevertheless be able to secure a decree of nullity. That’s a big deal because it would empower the court to grant financial remedies which were not otherwise available. For that deal they (or at least one of the parties (!)) shall give thanks to the flexible approach of Mr Justice Williams in Akhter v Khan and another [2018] EWFC 54. Not so flexible on an appeal. He has just refused permission to both the husband and the intervening Attorney General. The husband is now seeking permission from the Court of Appeal.

Both parties had undertaken the religious ceremony in Dubai and held themselves out to the world at large as husband and wife. They were treated as validly married in the United Arab Emirates and were together for 18 years, raising four children. The failure to go through with a

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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