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18 October 2018
Issue: 7813 / Categories: Features , Civil way , Procedure & practice
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Civil way: 19 October 2018

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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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