A sad death in the family: Owusu, the Maintenance Regulation and the demise of forum conveniens
Are forum disputes now obsolete in financial remedy proceedings? In this article, Duncan Ranton examines how the concept of forum conveniens has been gradually eroded over the past decade. He looks at the relevant Council Regulations and Conventions and the jurisprudence, particularly the ECJ case of Owusu v Jackson. He considers the recent EU Maintenance Regulation, and how it appears its provisions impact on questions of forum, before concluding that the future is anything but bright for forum conveniens arguments in the UK.
By Duncan Ranton, Senior Associate, Family Law, Russell Jones and Walker, London
This article appeared appears in the November 2012 issue of International Family Law.
Pre-order the 2017 edition today