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- The latest stage in a protracted piece of financial remedies litigation. The matter listed had been whether a stay should be granted to the wife to allow her not to transfer certain monies from a Swiss account pursuant to the order under appeal, but in the event Lieven J was able to consider both the stay and the outstanding points on appeal. The wife argued for the husband to provide an indemnity that covered her potential liability to a firm of solicitors. Lieven J found that the risk the wife perceived could not be considered fanciful. There had been a significant change of circumstances, and it had been inequitable not to vary the order. The clean break settlement would have left her unable to recover the money needed to cover the contingent liability to which she was potentially now exposed. Judgment, 06/03/2021, free
- The father had applied for the return of the children from Ukraine, where they had been kept for ten months. Mostyn J had stayed the application, in anticipation of the Ukrainian court reinstating the father's application there. This did not happen, so the stay was lifted and the application would be heard. Directions were given, but the judge also urged the parties to explore a mediated solution to the case. Judgment, 21/06/2019, free
- A costs order had been made against Mrs Hayes. She sought a stay, because there was a question as to whether Mr Hayes, if required to do so following the conclusion of another claim, would be able to repay the money. Henry Carr J decided that it was unnecessary to grant a stay, given that Mr Hayes had undertaken not to seek enforcement until the other claim was determined, and adjourned the hearing until that had happened. Judgment, 14/06/2019, free
- The wife's divorce petition had been stayed on the basis that proceedings had already begun in Italy. On appeal, the question was whether the Italian court was still seised of proceedings. Moylan LJ held that this was for the Italian court to determine, but allowed the wife's appeal to the extent that English proceedings were adjourned, rather than stayed. Baker LJ agreed. Judgment, 26/04/2019, free
- Application by the husband for a stay of divorce proceedings started by the wife in England where he wanted the proceedings to be held in Switzerland. The application was granted. Judgment, 09/07/2018, free
Latest know-how
- In a tweet: Competing jurisdiction case in which a father’s application for a stay of proceeding was dismissed. Case note, 04/11/2019, members only
- In a tweet: Article 19 BIIR: court best placed to decide which court is first seised should determine the issue. Case note, 02/10/2019, members only
- In a tweet: English proceedings were stayed in preference to Switzerland, which was the more appropriate forum Case note, 06/08/2018, members only
- In a tweet: H successfully stays English enforcement proceedings when variation proceedings already underway in Italy Case note, 12/06/2017, members only
- Procedural failings by the Court of Appeal Office resulted in the setting aside of several parts of the President's order. Case note, 23/07/2015, members only