Chorley v Chorley

Chorley v Chorley

The High Court judge wrongly exercised his discretion by determining the issue of seisin rather than deferring to the French court, which was better placed to decide the question of when proceedings were commenced under French law. The appeal was allowed, the order below set aside (save for the stay on the wife's London petition), and the matter left for the French court to determine.

Parties
Applicant/respondent: B. Chorley; Respondent/petitioner: A. Chorley
Jurisdiction
England and Wales
Judgment Date
12 January 2005
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Jurisdiction in Divorce Proceedings, Brussels II Regulation, Seisin of Courts, Stays of Proceedings
Family Law Private International Law Jurisdiction in Divorce Proceedings Brussels II Regulation Seisin of Courts Stays of Proceedings

Case Brief

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Parties

B. Chorley

Applicant/respondent

A. Chorley

Respondent/petitioner

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Which court was first seised under Article 11 of Brussels II Regulation in competing divorce proceedings between England and France?
  2. 2 Whether the English court should stay proceedings pending determination of seisin by the French court.
  3. 3 Whether the issue of the Requête or the Assignation in France constitutes commencement of proceedings for Brussels II purposes.

Ratio Decidendi

The High Court judge wrongly exercised his discretion by determining the issue of seisin rather than deferring to the French court, which was better placed to decide the question of when proceedings were commenced under French law. The appeal was allowed, the order below set aside (save for the stay on the wife's London petition), and the matter left for the French court to determine.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Order of Wood J set aside except for the stay on the wife's London petition