Case Study 1

Anne and Chris have been married for 20 years and jointly own "Blackacre", a four bedroomed detached house in Blank Town. They have three children, aged 20, 18 and 16. The elder two children are at university. The 16 year old is living at home.

Christopher was a solicitor and Anne a head teacher. Until 3 years ago the marriage was relatively happy and they were both earning high salaries and were materially well off. Chris then suffered a nervous breakdown due to stress at work, and 12 months ago was retired on grounds of ill health at that the age of 50. He is receiving out-patient psychiatric treatment for depression and has been developing signs of paranoia. In particular, over the last 6 months he has constantly been accusing Anne of having affairs and has been effectively accusing her at all times of the day and night, and has been following her around during the evening when she has been attending evening class activities etc. Anne, whilst sympathetic to her husband's illness is now exasperated. Because of cutbacks in the provisions of services for the mentally ill, no respite care can be offered or any hospital placement found. If excluded from the home Chris would probably have to find bedsit accommodation. The medical evidence which is submitted to the court shows that his medical condition is likely to deteriorate significantly in such circumstances. There has been no suggestion of any violence or threats of violence, but the constant shouting of accusations against Anne are having an effect on her nerves and also having an effect on their 16 year old daughter who is taking G.C.S.E.'s

Questions

From the point of view of this exercise please just consider the provisions relating to occupation orders. It is accepted that the possibility of a non-molestation order would also be considered in real life.

Case Study 2

Margaret and Chris are brother and sister and share the same house and are now respectively 38 and 36. The house belonged to their parents, but they died 12 years ago in a car crash. The parents' will bequeathed the house to them jointly. They are therefore joint freehold owners. Recently, Chris has brought his girlfriend to the house on a number of occasions overnight and Margaret has objected to this. As a result there has been a number of rows and after a great deal of provocation Chris has slapped Margaret around the face on two separate occasions. Both Chris and Margaret are in full-time employment, but earn very low wages. Neither have any other accommodation available.

Questions

1. Can Margaret apply for an occupation order?
2. What criteria would the court consider when dealing with her application
3. Would the court be under a duty to make an order?
4. What provisions is the order likely to contain if granted?
5. How long will it last?
6. How would it be enforced?

1. Can Anne apply for an occupation order?
2. Under what category would she apply?
3. What provisions is an order likely to contain if granted?
4. What criteria would the court consider when deciding whether to grant an order?
5. Would there be any duty in these circumstances to make an order?
6. If Chris was required to leave, could any ancillary order be made against Anne?
7. If so, what sort of orders would you consider?
8. How long could the order be made for?

Case Study 4

Gaynor and Chris met at a party 3 months ago. They immediately started living together in Gaynor's penthouse apartment of which she is a tenant. Chris is an alcoholic, is unemployed and in effect "lives" off Gaynor. Last week, after living together for 2 months, Gaynor saw the error of her ways and Chris was forcibly evicted by Gaynor and her father.

Questions

1. Could Chris apply for an occupation order?
2. If yes, under what category would he apply?
3. What criteria would the court consider in deciding whether to grant an order, and in particular which criteria would be relevant in these circumstances?
4. If the order was granted, what provisions are likely to be included?
5. How long could the order last?
6. Are you likely to grant an order? If so, for how long? What other information, if any, would you need before making a decision?

1. Could Heather apply for an occupation order?
2. Under what category could she apply?
3. What criteria would the court consider, and in particular which criteria would be relevant in these circumstances?
4. Would there be any duty to make an order?
5. What provisions is the order likely to contain?
6. Would a power of arrest normally be attached?
7. If an occupation order was made and Heather's parents came back in 5 months, what would be the position if they fell out and required Heather to leave?
8. Could they do this?
9. Could Heather apply for an occupation order against them?