G & G, Re

G & G, Re

The English court has exclusive jurisdiction under Article 22 of Brussels I because the wife's TOLATA application concerns rights in rem in the London house, which is situated in England. Alternatively, jurisdiction is established under Article 5(6) as the trust of land is domiciled in England. There was no binding agreement to prorogue jurisdiction to Poland, and no related actions exist to justify a stay under Article 28. The husband's application to dismiss or stay is therefore dismissed.

Parties
Applicant (on This Application), Respondent (in Substantive Proceedings): G (former husband); Respondent (on This Application), Applicant (in Substantive Proceedings): G (former wife)
Jurisdiction
England and Wales
Judgment Date
06 July 2015
Procedural Posture
Family/property (tolata Application) / Interlocutory Application to Dismiss or Stay Proceedings
Outcome
Application dismissed
Legal Topics
Jurisdiction Under Brussels I Regulation, Trusts of Land and Appointment of Trustees Act 1996 (tolata), Domicile, Rights in Rem Vs Rights in Personam, Prorogation of Jurisdiction, Lis Pendens, Related Actions Under Article 28
Family Law Property Law Private International Law Jurisdiction Under Brussels I Regulation Trusts of Land and Appointment of Trustees Act 1996 (tolata) Domicile Rights in Rem Vs Rights in Personam Prorogation of Jurisdiction +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

G (former husband)

Applicant (on This Application), Respondent (in Substantive Proceedings)

G (former wife)

Respondent (on This Application), Applicant (in Substantive Proceedings)

Procedural Posture

Family/property (tolata Application) / Interlocutory Application to Dismiss or Stay Proceedings

Legal Issues

  1. 1 Whether the English court has jurisdiction over the wife's TOLATA application regarding the London house
  2. 2 Whether the husband's domicile was in England at the relevant time
  3. 3 Whether the application concerns rights in rem or in personam

Ratio Decidendi

The English court has exclusive jurisdiction under Article 22 of Brussels I because the wife's TOLATA application concerns rights in rem in the London house, which is situated in England. Alternatively, jurisdiction is established under Article 5(6) as the trust of land is domiciled in England. There was no binding agreement to prorogue jurisdiction to Poland, and no related actions exist to justify a stay under Article 28. The husband's application to dismiss or stay is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The husband's application to dismiss or stay the wife's TOLATA proceedings is dismissed.