Cook v Plummer [2008] EWCA Civ 484 (09 April 2008)

Cook v Plummer [2008] EWCA Civ 484 (09 April 2008)

The applications for permission to appeal and to amend were refused because, despite jurisdictional arguments and alleged errors in the exercise of discretion, the Deputy Judge's decision was justified by the adequacy of the father's undertaking for maintenance and the appropriateness of New Zealand courts to assess the children's needs.

Citation
[2008] EWCA Civ 484
Parties
Appellant: Cook; Respondent: Plummer
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Appeal (family Law) / Application for Permission to Appeal and to Amend Grounds of Appeal
Outcome
Applications refused
Legal Topics
Forum Non Conveniens, Jurisdiction, Periodical Payments for Children, Undertakings, Discretionary Stays
Family Law Private International Law Forum Non Conveniens Jurisdiction Periodical Payments for Children Undertakings Discretionary Stays

Case Brief

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Parties

Cook

Appellant

Plummer

Respondent

Procedural Posture

Appeal (family Law) / Application for Permission to Appeal and to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to grant a common-law forum non conveniens stay post-Owusu v Jackson
  2. 2 Whether the Deputy Judge erred in exercising discretion to grant a stay in favour of New Zealand courts
  3. 3 Whether the judge failed to consider all relevant factors in the discretionary balance

Ratio Decidendi

The applications for permission to appeal and to amend were refused because, despite jurisdictional arguments and alleged errors in the exercise of discretion, the Deputy Judge's decision was justified by the adequacy of the father's undertaking for maintenance and the appropriateness of New Zealand courts to assess the children's needs.

Court Disposition

Applications refused

Orders

  • Permission to appeal refused
  • Permission to amend grounds of appeal refused