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Shoud I stay or should I go?

13 December 2013 / Amy Fox
Issue: 7588 / Categories: Features , Family
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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 joined

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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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