Home Information Cases Kemmis v Kemmis; Lazard Bros v Norah Holding (1988)

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Kemmis v Kemmis; Lazard Bros v Norah Holding (1988)

Summary

Husband's disposition to defeat wife-bank not put on notice : Husband's disposition to bank to defeat wife not avoided as bank was not put on constructive notice

Facts

Although the doctrine of constructive notice might be applied to s.37(4) Matrimonial Causes Act 1973, where a husband had made a reviewable disposition and any inquiries which the disponee, the bank, might have made at the time could not have revealed any intention by the husband to defeat a possible future claim by the wife, the judge had been wrong to set aside the disposition.

Held

Court of Appeal
Purchas LJ, Lloyd LJ, Nourse LJ
Judgment date
12 February 1988
References

1 WLR 1307 : Independent, February 29, 1988