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Villiers – Jurisdictional Challenges

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Mike Horton and Alex Laing recently acted in Villiers v Villiers – an spousal maintenance case involving English and Scottish jurisdiction. This matter was recently heard before the Court of Appeal and is cited as [2018] EWCA Civ 1120.

On Appeal, the issues were:

i) Was the wife’s application in England under s.27 of the MCA 1973 a “related action” under Article 13 and, if so, should the English proceedings have been stayed in favour of the Scottish proceedings (which were first seised)?
ii) If not, did the English court have a residual discretionary power to stay the proceedings on the principle of forum non conveniens? [23].

An article summarizing the case, titled ‘Villiers – a cross border conundrum’ has been posted on Family Law Week, highlighting the history of the action, the appeal, and where we go from here. You can read it here: http://www.familylawweek.co.uk/site.aspx?i=ed190463.

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