SBX v ABX

SBX v ABX

Article 12 of the European Maintenance Regulation applies mandatorily to stay the English proceedings regarding school fees, mortgage, spousal periodical payments, and child maintenance, as parallel proceedings in Country A were first in time and concern the same object and cause. The Business R payments and trust issues are not maintenance and thus not subject to the stay; jurisdiction is retained in England for those matters.

Parties
Applicant: SBX; Respondent: ABX
Jurisdiction
England and Wales
Judgment Date
23 May 2022
Procedural Posture
Family/financial Remedy/enforcement / Application for Stay of Enforcement and Variation Applications; Costs Determination
Outcome
Stay granted in part; costs order made
Legal Topics
Enforcement of Financial Orders, Jurisdiction Under European Maintenance Regulation, Variation of Maintenance, Stay of Proceedings, Trusts and Matrimonial Property
Family Law International Private Law Enforcement of Financial Orders Jurisdiction Under European Maintenance Regulation Variation of Maintenance Stay of Proceedings Trusts and Matrimonial Property

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Parties

SBX

Applicant

ABX

Respondent

Procedural Posture

Family/financial Remedy/enforcement / Application for Stay of Enforcement and Variation Applications; Costs Determination

Legal Issues

  1. 1 Whether Article 12 of the European Maintenance Regulation mandates a stay of English proceedings given parallel proceedings in Country A
  2. 2 Whether the Supreme Court decision in Villiers alters the approach to Article 12 stays
  3. 3 Whether the Business R payments and trust issues fall within maintenance or sharing/trusts

Ratio Decidendi

Article 12 of the European Maintenance Regulation applies mandatorily to stay the English proceedings regarding school fees, mortgage, spousal periodical payments, and child maintenance, as parallel proceedings in Country A were first in time and concern the same object and cause. The Business R payments and trust issues are not maintenance and thus not subject to the stay; jurisdiction is retained in England for those matters.

Court Disposition

Stay granted in part; costs order made

Orders

  • Mandatory stay of English proceedings regarding school fees, mortgage, spousal periodical payments, and child maintenance under Article 12 of the European Maintenance Regulation
  • Jurisdiction retained in England for Business R payments and trust issues relating to the former matrimonial home