(TOLATA Application: Jurisdiciton)  EWHC 2101 (Fam)
(Family Division; Bodey J; 6 July 2015)
G v G concerned a couple who were married in England, divorced (at some length) in France, and who have been arguing about the division of their assets in the Polish courts for several years. They own a house in London in their joint names. Mrs G applied for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996, arguing that she was a joint owner of the property and that she no longer wished to own it jointly with her former husband. Mr G said that he did not live in England and so the courts here had no jurisdiction to entertain the claim. He also said that even if the courts here had jurisdiction, they should decline to hear the case and allow the Polish proceedings to deal with all issues.
In July 2015, Bodey J rejected Mr G’s arguments and held that the English court had jurisdiction and should not stay the proceedings in favour of the Polish litigation. Mr G obtained permission to appeal in December 2015 and his appeal is due to be heard in November 2016. Michael Horton (leading Alexander Laing) is representing Mr G.
Commentary by Mike Horton