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Brett Frankle of Withers LLP considers the recent Court of Appeal decision of Mittal v Mittal  EWCA Civ 1255, FLR forthcoming; a case which has now put to bed once and for all the Owusu v Jackson  QB 801 argument in divorce cases that the English court has no discretion to stay proceedings in favour of a non-EU jurisdiction if the grounds for jurisdiction in England are met. With England's (probably well-deserved) reputation as the divorce capital of the world it is, perhaps, not surprising that financially weaker spouses look to secure jurisdiction here. Financial awards on divorce can differ vastly between countries.
This article highlights the grounds on which the Court of Appeal confirmed that just because legislation exists to enable the English court to deal with a case, it does not always mean that it should and the doctrine of forum non-conveniens/more appropriate forum is very much alive and kicking.
By Brett Frankle, Senior Associate, Withers LLP
The full version of this article appears in the March 2014 issue of International Family Law.
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