MB v TB
The wife issued the petition with genuine intent to divorce and took steps to effect valid service. English procedural law imposes no time limit for service, and the only requirement is to serve. The wife did not abuse process nor fail to take required steps. The English court is first seised and retains jurisdiction.
- Parties
- Applicant: MB; Respondent: TB
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2018
- Procedural Posture
- Divorce Petition Jurisdictional Dispute / Judgment on Jurisdiction and Abuse of Process
- Outcome
- English court is first seised; wife's petition is not an abuse of process; valid service effected.
- Legal Topics
- Divorce, Jurisdiction, Service of Process, Abuse of Process, Council Regulation (ec) 2201/2003, EU Service Regulation
Case Brief
Summary, issues, holding and outcome
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Parties
MB
Applicant
TB
Respondent
Procedural Posture
Divorce Petition Jurisdictional Dispute / Judgment on Jurisdiction and Abuse of Process
Legal Issues
- 1 Whether the wife's divorce petition was an abuse of process
- 2 Whether the wife failed to take required steps to effect service on the husband under English law
Ratio Decidendi
The wife issued the petition with genuine intent to divorce and took steps to effect valid service. English procedural law imposes no time limit for service, and the only requirement is to serve. The wife did not abuse process nor fail to take required steps. The English court is first seised and retains jurisdiction.
Court Disposition
English court is first seised; wife's petition is not an abuse of process; valid service effected.
Orders
- Petition to proceed to next stage in English court
Full Case Text
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