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England and Wales decisions
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The High Court set aside permission to serve a pre-action disclosure application on Ferrari in Italy, holding section 33 SCA did not extend to foreign-held documents.
The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.
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The court extended time to challenge substituted email service, set the service order aside, awarded maintenance pending suit and a legal services payment order, and listed a forum hearing.
Westbase Technology Ltd v Vuzix Corporation & Ors [2026] EWHC 138 (Ch) (30 January 2026)
The High Court held there was a good arguable case for service out on a contract claim arising from an alleged oral settlement, but refused service out for tort claims.
Both AA and BB are habitually resident in England and Wales, and the English courts are the natural and appropriate forum for the proceedings; the US is not the forum conveniens.
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S (A Child), Re (Disclosure to SSHD) [2025] EWFC 453 (18 December 2025)
The Family Court adjourned a father's application to disclose the mother's evidence to the SSHD, accepting her undertaking to provide any immigration application to the court and parties.
HF, KF and LF (Children) (Habitual Residence) [2025] EWHC 3306 (Fam) (17 December 2025)
The High Court held that it had jurisdiction over three children’s return proceedings, finding they remained habitually resident in England and Wales and refusing to stay the case to Dubai.
The High Court held that England and Wales retained jurisdiction over three children, finding they had not acquired habitual residence in Dubai or Pakistan.
Norfolk County Council v YY (mother) [2025] EWFC 480 (24 November 2025)
The Family Court held that two children in a US military family were habitually resident in England and Wales, and that England and Wales was the forum conveniens.
The court found that both children were habitually resident in Egypt at the time of the applications, that the English court had jurisdiction under FLA 1986 s.2(1)(b) (matrimonial proceedings jurisdiction), but that the father had not shown Egypt to be a clearly more appropriate forum. The welfare of the children, particularly the risk of unnecessary disruption to O if moved again, required that no summary return order be made for either child. The matter should proceed to a full welfare hearing with both children remaining where they are pending final determination.
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