Legal Updates

De Bauge v China [2014] EWHC 3975 (Fam)

Written by David Ruck
30/12/2014

This was a jurisdiction dispute between England and Italy, and the Court considered the following:

(i) The effect of Article 19 of Brussels II and lis pendens effecting Italian separation proceedings and subsequent English divorce proceedings.

(ii) The precise effect of Article 19(3) of Brussels II and the circumstances in which a second seized Court must decline jurisdiction in favour of the Court first seized.

(iii) The nature of the hiatus in law between the end of Italian separation proceedings and when Italian divorce proceedings can be initiated.

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David Ruck

Gordon Dadds