Goldstone v Goldstone & Ors [2011] EWCA Civ 39 (28 January 2011)

Goldstone v Goldstone & Ors [2011] EWCA Civ 39 (28 January 2011)

The proceedings were family proceedings governed by the Family Proceedings Rules, not the Civil Procedure Rules. The joinder and service of the Jeeves group as third parties was proper under the Family Proceedings Rules and the preserved Rules of the Supreme Court. The preliminary issue trial was pendent on the originating family application and did not constitute a separate civil claim. The appeal was dismissed.

Citation
[2011] EWCA Civ 39
Parties
Appellant in 2039 and Respondent in 2181 & 2360: Sonia Jayne Goldstone; Appellants in 2181 & 2360 Respondents in 2039: Sampson Robert Goldstone & Others (including Jeeves group)
Jurisdiction
England and Wales
Judgment Date
28 January 2011
Procedural Posture
Appeal / Court of Appeal Judgment on Procedural Issue
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Joinder of Third Parties, Service Outside Jurisdiction, Forum Conveniens, Property Ownership in Divorce
Family Law Civil Procedure Ancillary Relief Joinder of Third Parties Service Outside Jurisdiction Forum Conveniens Property Ownership in Divorce

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Parties

Sonia Jayne Goldstone

Appellant in 2039 and Respondent in 2181 & 2360

Sampson Robert Goldstone & Others (including Jeeves group)

Appellants in 2181 & 2360 Respondents in 2039

Procedural Posture

Appeal / Court of Appeal Judgment on Procedural Issue

Legal Issues

  1. 1 Whether the preliminary issue trial in ancillary relief proceedings is governed by the Family Proceedings Rules or the Civil Procedure Rules
  2. 2 Whether the joinder and service of foreign third parties (Jeeves group) to family proceedings was proper under the applicable rules

Ratio Decidendi

The proceedings were family proceedings governed by the Family Proceedings Rules, not the Civil Procedure Rules. The joinder and service of the Jeeves group as third parties was proper under the Family Proceedings Rules and the preserved Rules of the Supreme Court. The preliminary issue trial was pendent on the originating family application and did not constitute a separate civil claim. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order of the lower court stands.