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17 FEB 2007

FINANCIAL PROVISION/CONFLICT OF LAWS: Rhode v Rhode and Pembroke Square Ltd [2007] EWHC 496 (Fam)

(Family Division; Baron J; 17 February 2007)

An application under Civil Jurisdictions and Judgments Act 1982, s 25, for an asset freezing order to assist with French divorce proceedings, following the procedure set out in Rayden para 27.47, had been correctly issued. The proceedings were family proceedings within the meaning of the Family Proceedings Rules 1991, as the application was a 'matrimonial cause or matter' within Matrimonial and Family Proceedings Act 1984, s 32. The procedure set out in Rayden was to be adopted in such cases, which did not need to be issued under Civil Procedure Rules Pt 8. Given that: the husband was neither domiciled nor resident in England; the sum involved was not likely to make a significant difference to the final French award, and, most importantly, the French court had refused to grant the injunction, it was not appropriate for the injunction to be in place.

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