E v E (Article 19 and Seiesing BIIa)

E v E (Article 19 and Seiesing BIIa)

The English court must decline jurisdiction by dismissing the wife's petition because the French court was first seised and its jurisdiction is established under Article 19 of Brussels IIA. The CJEU decision in A v B does not alter the requirement to dismiss rather than stay the English petition.

Parties
Applicant: E; Respondent: E
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Divorce / Jurisdictional Determination
Outcome
Petition dismissed for lack of jurisdiction under Article 19 Brussels IIA.
Legal Topics
Jurisdiction, Lis Pendens, Service of Process, Brussels IIA Regulation
Family Law Private International Law Jurisdiction Lis Pendens Service of Process Brussels IIA Regulation

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Parties

E

Applicant

E

Respondent

Procedural Posture

Divorce / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court should decline jurisdiction under Article 19 of Brussels IIA due to prior French proceedings
  2. 2 Whether the English petition should be dismissed or stayed pending outcome of French proceedings
  3. 3 Whether service of the French petition on the wife in England was effective

Ratio Decidendi

The English court must decline jurisdiction by dismissing the wife's petition because the French court was first seised and its jurisdiction is established under Article 19 of Brussels IIA. The CJEU decision in A v B does not alter the requirement to dismiss rather than stay the English petition.

Court Disposition

Petition dismissed for lack of jurisdiction under Article 19 Brussels IIA.

Orders

  • The wife's English divorce petition is dismissed.
  • Jurisdiction is declined in favour of the French court.