Family Law Hub

Gray v Hurley [2019] EWCA Civ 2222

An appeal from the refusal of an anti-suit injunction with regard to proceedings in New Zealand, following the end of a six-year romantic relationship. Gray argued that Article 4(1) of the Judgments Regulation afforded rights to both parties, to her the right to be sued in and only in England, and to her former partner the right to sue her in and only in England. Patten LJ, Hickinbottom LJ and Peter Jackson LJ acknowledged that as a possible interpretation, but it was not one that they would wish to adopt in the present case unless required to do so. The anti-suit jurisdiction was exercised where appropriate to avoid injustice, but it was inevitably an interference with the process of the foreign court and must be exercised with caution. The appeal proceedings were stayed and the Court of Justice would be requested to give a preliminary ruling pursuant to Article 267 of the Treaty on the Functioning of the European Union.

Published: 18/12/2019


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