Probert, Rebecca. (2008) R v Millis reconsidered : binding contracts and bigamous marriages. Legal Studies, Vol.28 (No.3). pp. 337-355. ISSN 02613875

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Abstract

The 1844 decision of the House of Lords in R v Millis – which apparently held that the presence of an episcopally ordained minister had been necessary to create a valid marriage even before legislation was introduced to regulate the formation of marriage – has universally been regarded as erroneous by generations of scholars. This paper shows that the outcome of the case was in fact correct, even though the reasoning of all but one of the judges was flawed. It explains why the case has been misunderstood, and why the misunderstandings it demonstrated have never been corrected.

Item Type:	Journal Article
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > KD England and Wales
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Bigamy -- England, Marriage law -- England -- Cases
Journal or Publication Title:	Legal Studies
Publisher:	0261-3875
ISSN:	02613875
Date:	September 2008
Volume:	Vol.28
Number:	No.3
Page Range:	pp. 337-355
Identification Number:	10.1111/j.1748-121X.2008.00098.x
Status:	Peer Reviewed
Publication Status:	Published
URI:	http://wrap.warwick.ac.uk/id/eprint/39325

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