Goldstone v Goldstone & Ors

Goldstone v Goldstone & Ors

The proceedings remained family proceedings governed by the Family Proceedings Rules and, where necessary, the Rules of the Supreme Court 1965. The joinder and service of the Jeeves group as third parties was proper under those rules, and the preliminary issue trial was not a separate civil claim but part of the ancillary relief proceedings. England was the appropriate forum for the trial of the preliminary issue. The appeal was dismissed.

Parties
Appellant/respondent: Sonia Jayne Goldstone; Respondent/appellant: Sampson Robert Goldstone; Respondents/appellants: Jeeves group & Others
Jurisdiction
England and Wales
Judgment Date
28 January 2011
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Joinder of Third Parties, Service Outside Jurisdiction, Ancillary Relief, Property Ownership in Divorce, Forum Conveniens
Family Law Civil Procedure Joinder of Third Parties Service Outside Jurisdiction Ancillary Relief Property Ownership in Divorce Forum Conveniens

Case Brief

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Parties

Sonia Jayne Goldstone

Appellant/respondent

Sampson Robert Goldstone

Respondent/appellant

Jeeves group & Others

Respondents/appellants

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the preliminary issue trial ordered in ancillary relief proceedings was governed by the Family Proceedings Rules or the Civil Procedure Rules
  2. 2 Whether the joinder and service of foreign third parties (Jeeves group) was proper under the applicable rules
  3. 3 Whether England was the appropriate forum for the trial of the preliminary issue

Ratio Decidendi

The proceedings remained family proceedings governed by the Family Proceedings Rules and, where necessary, the Rules of the Supreme Court 1965. The joinder and service of the Jeeves group as third parties was proper under those rules, and the preliminary issue trial was not a separate civil claim but part of the ancillary relief proceedings. England was the appropriate forum for the trial of the preliminary issue. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; the order of the lower court stands.