Manetta v De Filippo

Subject Matter

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 on same day issuing divorce proceedings in Italy — Judge finding under Italian law no conversion of judicial separation order into divorce meaning 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 the petition retrospectively — Council Regulation (EC) No 2201/2003, arts 5, 19(1)(3) — FPR r 7.27

[2022] EWCA Civ 409; [2022] 4 WLR 43; [2022] 2 FLR 1275; [2022] WLR(D) 144, CA

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) — FPR r 7.27

[2022] EWCA Civ 409; [2022] 4 WLR 43; [2022] 2 FLR 1275; [2022] WLR(D) 144, CA