Bidaki, R (On the Application of) v Najafabadi

Bidaki, R (On the Application of) v Najafabadi

The Recorder was entitled to refuse a stay of proceedings and an adjournment; England was the proper forum; the application for stay was made late; no unfairness or breach of Article 6 ECHR was established.

Parties
Applicant: Bidaki; Respondent: Najafabadi
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Divorce Petition / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Divorce, Stay of Proceedings, Forum Non Conveniens, Adjournment, Fair Hearing, Article 6 ECHR
Family Law Private International Law Divorce Stay of Proceedings Forum Non Conveniens Adjournment Fair Hearing Article 6 ECHR

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Parties

Bidaki

Applicant

Najafabadi

Respondent

Procedural Posture

Divorce Petition / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Recorder erred in refusing to stay the English divorce proceedings in favour of Iranian proceedings
  2. 2 Whether the Recorder erred in refusing to adjourn the hearing on 30 November 2012
  3. 3 Whether the proceedings were unfair in terms of Article 6 ECHR

Ratio Decidendi

The Recorder was entitled to refuse a stay of proceedings and an adjournment; England was the proper forum; the application for stay was made late; no unfairness or breach of Article 6 ECHR was established.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal refused in all respects.