No early closing for forum shopping: Mittal v Mittal

Charlotte Sanders, Solicitor, Vardags:

The decision of the Court of Appeal in Mittal v Mittal [2013] EWCA 1255, [2014] 1 FLR (forthcoming)  has confirmed that the English courts have jurisdiction to stay matrimonial proceedings in England where there are parallel proceedings in a non-Member State. In deciding this, the Court has made clear that the controversial civil case of Owusu v Jackson [2005] QB 801 does not apply in the family context, settling the academic debate that has been raging since its decision.

Although the judgment deals with technical and complex legal arguments, it is a hugely relevant and important decision in an era where the English courts are seen as the divorce capital of the world, but where families are increasingly international. Family practitioners should take note.

The full version of this article appears in the December 2013 issue of Family Law.

Read the full article here.