Jurisdiction: After Brexit

Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds Post-Brexit, jurisdictional issues are determined, for the most part, in accordance with common law principles. Al Assam v Tsouvelekakis [2022] was concerned with the funds of two Cypriot trusts, the AAA Family Trust and the Hamza Family …
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Jurisdiction: Only with good reason

Harry White discusses circumstances in which the court’s residual parens patriae jurisdiction may be utilised where a child is a British national but not habitually resident in England and Wales In order for the court to exercise the residual jurisdiction there must exist circumstances which are sufficiently compelling to require or make it necessary that …
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Nuptial agreements: Place of preference

Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the parties’ chosen jurisdiction, that should act as a strong indication to the court in England and Wales that parties intend to be bound by the terms, including a choice of law …
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Enforcement: Continuing relevance

Molly Betts examines the ongoing significance of the EU Maintenance Regulation in relation to non-EU member states It was argued on behalf of the father that, had the proceedings which were actually issued in Monaco been issued in another member state, then those proceedings would have had priority under the EU Maintenance Regulation and the …
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International focus: Out in the cold?

Victoria Batstone and Sean Hilton highlight potential issues if the UK is unable to rejoin the Lugano Convention 2007 It is increasingly difficult for family lawyers to provide clear and certain advice to multinational clients who are considering issuing proceedings. The European Commission’s (on behalf of the European Union) block in relation to the UK’s …
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Probate: A far from minor inconvenience

The court has provided welcome clarity on applications to court for authority to sell a property abroad on behalf of a minor. Remi Aiyela explains The judge decided that it was plainly in Ilyas’ best interests that the property be sold at a good sale price higher than the current valuation. Re Shanavazi [2021] was …
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Jurisdiction: Pakistan or England?

Alexa Payet provides some useful guidance on cross-border probate disputes In deciding whether Pakistan was the natural and more appropriate forum for the trial, the court applied the factors outlined in Spiliada. In the case of Rehman v Hamid [2019], Mrs Ali was born in pre-partition India in 1942. Upon partition Mrs Ali and her …
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Offshore: A sting in the tail?

Recent Cayman Islands case law has focused on the effect of firewall and forum of administration provisions on trusts. Rachael Reynolds and Deborah Barker Roye examine current judicial thinking and how principles apply in England and Wales While the firewall legislation provides robust protection for Cayman trusts against attack from orders of foreign courts… it …
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Overseas divorce: Tread carefully

Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …
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Brexit: Cross-border conundrums

Graeme Fraser and Eleri Jones explore the recognition and enforcement of maintenance following the UK’s withdrawal from the EU It is vital to consider these issues at the outset due to the ‘indirect’ jurisdiction rules which apply if enforcement abroad in a 2007 Hague Convention country is likely to be required. Since the UK referendum …
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