Family Law Hub

Morris v Donaldson [2013] EWHC 4257 (QB)

Claimant's application for an order allowing him into the property he had shared with the defendant so that he could remove his possessions.

  • In brief: The parties had moved into a property owned by the defendant. They had plans to marry but the relationship broke down and the claimant moved out of the defendant's property.

    The claimant issued a claim pursuant to Part 25.1 of CPR in the Queen's Bench Division for an order to allow him entry to the property for the purposes of compiling lists of his possessions and thereafter to permit the removal of his possessions by a removal company.

    His Honour Judge Seymour QC accepted the defendant's undertakings to, amongst other things, compile lists of possession and make arrangements for delivery to the claimant but held that it was not for the Queen's Bench Division to resolve the issues between the parties. The judge held that if there remained a question as to the ownership of an item, the appropriate division of the High Court (if the High Court were appropriate) would be the Chancery Division or the Family Division, but not the Queen's Bench Division.

    The judge made no other order save to transfer the proceedings to another court but sought to hear submissions from counsel before doing so.

    Read the full text of the judgment here

Case note, published: 18/02/2014

Topics

See also

  • Claimant's application for an order allowing him into the property he had shared with the defendant so that he could remove his possessions. Judgment, 18/02/2014, free

Published: 18/02/2014

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