Podcast Location:
Download it here [file size: 49.8 MB]
Categories:
Family Law
CPD Points:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Stuart Clark and Anna Simmonds from The International Family Law Group discuss discretionary forum on divorce after the Court of Appeal’s decision in Mittal v Mittal [2013] EWCA Civ 1255. They set out the circumstances in which the English courts can decide the appropriate location for divorce proceedings, why the issue of discretionary forum has been fiercely debated since Owusu v Jackson [2005] and the implications of the Mittal decision for the family law profession.

Outcomes:
After completing the course you will:
  • Understand the circumstances in which the English courts can stay divorce proceedings;
  • Be aware of the ECJ's decision in Owusu v Jackson [2005] and the questions that case raised for family lawyers;
  • Understand the Court of Appeal’s approach in Mittal v Mittal [2013] confirming the discretionary power of the English courts to stay divorce proceedings where there are prior proceedings in a non-EU country and what this means for international families going forward.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • AB v CB [2013] 2 FLR 29;
  • Council Regulation (EC) No. 2201/2003 (“Brussels II Revised”);
  • Domicile and Matrimonial Proceedings Act 1973;
  • Family Procedure Rules 2010;
  • Ferrexpo AG v Gilson Investments Ltd. [2010] EWHC 721;
  • JKN. V JCN (Divorce: Forum) [2010] EWHC 843 (Fam) [2011] 1 FLR 826;
  • Mittal v Mittal [2013] EWCA 1255;
  • Owusu v Jackson [2005] QB 801;
  • Senior Courts Act 1981.
Tags:

In this CPDcast, Stuart Clark and Anna Simmonds from the International Family Law Group discuss discretionary forum on divorce after the Court of Appeal’s decision in Mittal v Mittal [2013].

Date Recorded: 31st October 2013

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