Reading a Case

Read Merritt v Merritt [1970] 2 All ER 760 and answer the following questions.

1. Read the summary of the facts of the case and state what you consider to be the material facts.
2. (a) From which court is this case reported?
   From which court had the appeal come?
3. Can you explain the titles of the judges?
   • Lord Denning MR
   • Widgery and Karminski LJJ
4. What was the outcome of the appeal?
5. Was the decision unanimous?
6. In the paragraph beginning “Held-” what do you think it means when it says that Balfour v Balfour, Gould v Gould and Jones v Padavatton were distinguished?
7. What arguments were put forward on behalf of Mr Merritt to support his appeal?
8. What presumption normally applies where agreements are made between husband and wife?
9. In what other relationships does this case indicate that the same presumption might apply?
10. As a result of the appeal being dismissed, what is the eventual outcome for Mrs Merritt?