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13 December 2013 / Amy Fox
Issue: 7588 / Categories: Features , Family
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Shoud I stay or should I go?

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Amy Fox welcomes clarity on the power to stay divorce proceedings in cases involving non-contracting / third states

In 2009, four years after the judgment in Owusu v Jackson [2005] QB 801, [2005] 2 All ER (Comm) 577, HHJ Ian Karsten QC observed: “The time cannot be far off when an English judge will have to decide what the effect of Owusu is upon the power to stay divorce proceedings under the 1973 Act” (The State of International Family Law Issues: A View From London [2009] IFL 35). Four years later, the case of Mittal v Mittal [2013] EWCA Civ 1255, [2013] All ER (D) 200 (Oct) has finally forced such a decision to be made.

 

Mittal v Mittal

Mittal concerned a husband and wife, both Indian nationals, who were married in India in 2003. In 2004, their only daughter was born in India. They lived together in India until October 2006 when the husband moved to England. In February 2007, the wife and daughter

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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