B v B (Maintenance Regulation -Stay)

B v B (Maintenance Regulation -Stay)

The English enforcement proceedings and Italian variation proceedings involve the same cause of action and parties under Article 12 of the Maintenance Regulation. The Italian court was first seised. The English court is therefore obliged to stay enforcement of maintenance provisions pending determination of jurisdiction by the Italian court. The Respondent is not yet in breach of the Zurich policy undertaking as payment date has not been agreed; enforcement is adjourned to allow parties to agree a date.

Parties
Applicant: Mrs B; Respondent: Mr B
Jurisdiction
England and Wales
Judgment Date
09 May 2017
Procedural Posture
Matrimonial Finance Enforcement / Final Hearing
Outcome
Stay and adjournment granted; partial dismissal
Legal Topics
Maintenance Enforcement, Jurisdiction, Lis Pendens, Variation of Maintenance, Enforcement of Undertakings
Family Law International Private Law Maintenance Enforcement Jurisdiction Lis Pendens Variation of Maintenance Enforcement of Undertakings

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Parties

Mrs B

Applicant

Mr B

Respondent

Procedural Posture

Matrimonial Finance Enforcement / Final Hearing

Legal Issues

  1. 1 Whether the English court must stay enforcement proceedings under Article 12 of the Maintenance Regulation due to parallel proceedings in Italy
  2. 2 Whether the proceedings in England and Italy involve the same cause of action
  3. 3 Whether the Respondent is in breach of the Zurich policy undertaking

Ratio Decidendi

The English enforcement proceedings and Italian variation proceedings involve the same cause of action and parties under Article 12 of the Maintenance Regulation. The Italian court was first seised. The English court is therefore obliged to stay enforcement of maintenance provisions pending determination of jurisdiction by the Italian court. The Respondent is not yet in breach of the Zurich policy undertaking as payment date has not been agreed; enforcement is adjourned to allow parties to agree a date.

Court Disposition

Stay and adjournment granted; partial dismissal

Orders

  • Stay of enforcement application regarding maintenance provisions pending Italian court's jurisdiction determination
  • Adjournment of enforcement application regarding Zurich policy with liberty to restore