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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

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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