T v B

T v B

The husband's conduct in raising a jurisdictional challenge in England, thereby stalling the wife's divorce application, while simultaneously advancing substantive divorce proceedings in Territory Y, is vexatious and unconscionable. The Hemain injunction is necessary to prevent him from gaining an unfair forensic advantage and to ensure fairness pending determination of jurisdiction in England.

Parties
Applicant: T; Respondent: B
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Family Law Divorce and Injunction / Return Hearing on Hemain Injunction; Interim Application
Outcome
Hemain injunction continued
Legal Topics
Hemain Injunction, Anti Suit Injunction, Jurisdiction, Forum Conveniens, Divorce Proceedings, Parallel Proceedings
Family Law Private International Law Hemain Injunction Anti Suit Injunction Jurisdiction Forum Conveniens Divorce Proceedings Parallel Proceedings

Case Brief

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Parties

T

Applicant

B

Respondent

Procedural Posture

Family Law Divorce and Injunction / Return Hearing on Hemain Injunction; Interim Application

Legal Issues

  1. 1 Whether the Hemain injunction should be continued pending determination of jurisdiction and forum conveniens
  2. 2 Whether the husband's conduct in commencing foreign proceedings is vexatious, oppressive or unconscionable
  3. 3 Whether the wife failed in her duty of candour at the without notice hearing

Ratio Decidendi

The husband's conduct in raising a jurisdictional challenge in England, thereby stalling the wife's divorce application, while simultaneously advancing substantive divorce proceedings in Territory Y, is vexatious and unconscionable. The Hemain injunction is necessary to prevent him from gaining an unfair forensic advantage and to ensure fairness pending determination of jurisdiction in England.

Court Disposition

Hemain injunction continued

Orders

  • The Hemain injunction shall continue until the determination of the jurisdiction issue in this jurisdiction.