LM v KD

LM v KD

The Italian court has declined jurisdiction over parental responsibility and child maintenance; the English court, as the court second seised, is no longer obliged to stay proceedings and has jurisdiction. The ToLATA claim concerns rights in rem in immovable property, granting exclusive jurisdiction to the English...

Source-derived case information.

Parties
Applicant: LM; Respondent: KD
Jurisdiction
England and Wales
Judgment Date
12 November 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeals dismissed
Legal Topics
Jurisdiction, Parental Responsibility, Child Maintenance, Property Division, Lis Pendens, EU Regulations
Family Law International Private Law Property Law Jurisdiction Parental Responsibility Child Maintenance Property Division Lis Pendens +1 more

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Parties

LM

Applicant

KD

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether English or Italian courts have jurisdiction over parental responsibility and child maintenance
  2. 2 Whether ToLATA proceedings should be stayed in favour of Italian proceedings
  3. 3 Application of EU Regulations to cross-border family and property disputes

Ratio Decidendi

The Italian court has declined jurisdiction over parental responsibility and child maintenance; the English court, as the court second seised, is no longer obliged to stay proceedings and has jurisdiction. The ToLATA claim concerns rights in rem in immovable property, granting exclusive jurisdiction to the English courts. The appeals against the decisions of District Judge Jenkins and HH Judge Parfitt are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Schedule 1 application to be listed for urgent hearing in West London Family Court before HH Judge Rowe QC
  • ToLATA proceedings to be listed for case management directions before a circuit judge in Central London County Court no later than 7 December 2018