PIL instrument(s)

Case number and/or case name

L-K v K (Brussels II Revised: Maintenance Pending Suit) [2006] EWHC 153 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

10 February 2006

Appeal history

CJEU's case law cited by the court

Summary

There were a series of English judgments in relation to divorce proceedings between the parties who were both French nationals, living in England at the time when the divorce proceedings were commenced. There were parallel proceedings. On 24th March 2005, the English proceedings were initiated by the wife. On the same day, the husband commenced proceedings in France. It was a jurisdictional battle. The question which court was first seised was subject to a heated debated in England. Also, in France, there was a pending appeal against the decision of a first instance court to stay the French proceedings, awaiting a decision of the English court on whether it had been first seised. In the meantime, it was questioned whether the English court had the jurisdiction to order maintenance payment, provided that it was yet to be determined which court is first seised. The English court held that it had jurisdiction to make such an order, even if the French court was first seised.