LK v K

LK v K

The English court has power to award maintenance pending suit despite unresolved jurisdictional issues and procedural irregularity, as the French court has stayed its proceedings and the English proceedings remain alive; minor procedural irregularities do not invalidate the petition, and maintenance pending suit may include legal costs in exceptional circumstances.

Parties
Petitioner: L-K; Respondent: K
Jurisdiction
England and Wales
Judgment Date
10 February 2006
Procedural Posture
Divorce / Interlocutory Application for Maintenance Pending Suit
Outcome
Application for maintenance pending suit granted.
Legal Topics
Maintenance Pending Suit, Jurisdiction, Brussels II Revised, Procedural Irregularity
Family Law International Private Law Maintenance Pending Suit Jurisdiction Brussels II Revised Procedural Irregularity

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Parties

L-K

Petitioner

K

Respondent

Procedural Posture

Divorce / Interlocutory Application for Maintenance Pending Suit

Legal Issues

  1. 1 Whether the English court has power to award maintenance pending suit when jurisdiction is disputed and proceedings are stayed pending determination of habitual residence and priority of seisin
  2. 2 Effect of procedural irregularity in filing petition without marriage certificate
  3. 3 Interpretation and application of Brussels II Revised (BIIR) in concurrent proceedings

Ratio Decidendi

The English court has power to award maintenance pending suit despite unresolved jurisdictional issues and procedural irregularity, as the French court has stayed its proceedings and the English proceedings remain alive; minor procedural irregularities do not invalidate the petition, and maintenance pending suit may include legal costs in exceptional circumstances.

Court Disposition

Application for maintenance pending suit granted.

Orders

  • H to pay W maintenance pending suit for legal costs at £20,000 per month, backdated to 21 September 2005, payable monthly in advance until March 2006.
  • From 21 March 2006, costs component reduces to £7,500 per month, subject to review.