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.
Contact the Author
After graduating from St Andrews University, I qualified as a solicitor in 1987 at Speechly Bircham. After nine years at Druces & Atlee, I joined Gordon Dadds in 1999. My key practice areas are family and matrimonial law, specialising in divorce and family disputes, and in particular the financial ramifications of relationship breakdowns. I also have expertise in private children work. My principal aim is to try to resolve difficult and often intractable disputes quickly and fairly, and with the least possible damage to family relationships. Outside of my work, I enjoy spending time with my family, as well as shooting, playing tennis and golf.