Family Law Hub

Assicurazioni Generali SpA v Arab Insurance Group [2002] EWCA Civ 1642

Judgment, published: 31/12/2002

Items referring to this

  • Appeal against an order dismissing the husband's application to strike out the wife's claim for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 ("the 1984 Act") on the basis that he was entitled to immunity as Permanent Representative of St Lucia to the International Maritime Organisation ("IMO"), a position to which he was appointed on 1 April 2014. The judge held that (i) He is not entitled in principle to immunity because he had not discharged any functions as a Permanent Representative and his appointment was an "artificial construct" designed to defeat the jurisdiction of the court; and (ii) in any event, he is not entitled to immunity because he was "permanently resident" in the UK and so, if he was in principle entitled to immunity, it was only in respect of official acts performed in the exercise of his functions. The appeal was dismissed. Judgment, 22/03/2016, free
  • Appeal against orders dismissing claims by a former partner that she should have a share in 3 properties bought in the other partners name. Appeal dismissed because, broadly, the Court of Appeal's powers to challenge findings of fact are limited, there was no express agreement and there was no detriment. Judgment, 29/04/2015, free
  • Appeal by the H that the court in England and Wales did not have jurisdiction to entertain a divorce petition because neither party to the marriage was habitually resident or domiciled in the jurisdiction on the date that it was issued. At first instance Holman J disagreed with the husband and held that each of the parties was domiciled in England and Wales at the relevant time. In this appeal the husband sought to establish that Holman J was in error; he asserted that a proper application of the relevant law to the facts of this case could only produce a conclusion that neither party was domiciled in England and Wales in August 2012. Further, depending on the outcome of his appeal in relation to domicile, the husband also sought to appeal orders for costs in relation to maintenance pending suit proceedings. Appeal dismissed. Judgment, 17/02/2014, free

Published: 31/12/2002

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