Family Law Hub

FRB v DCA [2019] EWHC 2816 (Fam)

The wife applied to strike out the husband's claim for damages in respect of deceit. A DNA test had revealed that he was not the biological father of their child. Two issues were before Cohen J: whether the tort of deceit could relate to paternity fraud between husband and wife, and, if it could, whether it could run as a separate cause of action in parallel with financial remedy proceedings, rather than being an abuse or obstruction of the court's process. As to the former, Cohen J's view was that the tort of deceit could exist between husband and wife in respect of intimate matters, but he did not need to make a concluded finding on this issue. By reference to CPR 3.4(2)(a) and (b) he found that the claim form and particulars of claim disclosed no reasonable grounds for bringing the claim, and were indeed an abuse of the court's process or otherwise likely to obstruct the just disposal of the proceedings. The claim was struck out.

Judgment, published: 30/11/2019

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Published: 30/11/2019

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