The Weekly Law Reports
[2022] 4 WLR 43
Court of Appeal
Manetta
v
De Filippo
[2022] EWCA Civ 409
2021 Dec 16;
2022 March 29
2022 March 29
Moylan, Coulson, Baker LJJ
Conflict of laws— Jurisdiction under Council Regulation— Matrimonial matters— Husband issuing judicial separation order in Italy— Wife issuing divorce proceedings in England— English court imposing stay but petition never dismissed— Husband subsequently obtaining judicial separation order in Italy and later same day issuing divorce proceedings in Italy— Judge finding no conversion of judicial separation order into divorce under Italian law so that short period of time when no proceedings extant in Italy— Judge finding English court first seised and lifting stay— Husband appealing on ground judge required to dismiss petition retrospectively— Whether judge erring in not dismissing petition retrospectively—
Council Regulation (EC)No 2201/2003, arts 5,16, 19(1)(3)
[1]
—
FPR
r 7.27
[2]