C v D (Matrimonial) [2018] JRC 068A (12 April 2018)

C v D (Matrimonial) [2018] JRC 068A (12 April 2018)

The Wife failed to demonstrate that England is clearly and distinctly the more appropriate forum. The Jersey Court has sufficient powers to protect her interests, and there is no unfair disadvantage or prejudice to the Wife in continuing proceedings in Jersey. Significant work has already been done in Jersey, and costs would be wasted if a stay were granted.

Citation
[2018] JRC 068A
Parties
Petitioner: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
12 April 2018
Procedural Posture
Divorce and Ancillary Relief / Application for Stay of Jersey Proceedings
Outcome
application for stay refused
Legal Topics
Forum Non Conveniens, Jurisdiction, Ancillary Relief, Divorce Proceedings
Family Law Conflict of Laws Forum Non Conveniens Jurisdiction Ancillary Relief Divorce Proceedings

Case Brief

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Parties

Husband

Petitioner

Wife

Respondent

Procedural Posture

Divorce and Ancillary Relief / Application for Stay of Jersey Proceedings

Legal Issues

  1. 1 Whether Jersey or England is the appropriate forum for divorce and ancillary relief proceedings
  2. 2 Whether the Wife will suffer prejudice if proceedings continue in Jersey
  3. 3 Whether the Jersey Court has sufficient powers to protect the Wife's interests in the English company

Ratio Decidendi

The Wife failed to demonstrate that England is clearly and distinctly the more appropriate forum. The Jersey Court has sufficient powers to protect her interests, and there is no unfair disadvantage or prejudice to the Wife in continuing proceedings in Jersey. Significant work has already been done in Jersey, and costs would be wasted if a stay were granted.

Court Disposition

application for stay refused

Orders

  • Jersey divorce and ancillary relief proceedings to continue
  • Further Case Review Hearing scheduled in July 2018