header-logo header-logo

Home Login E-newsletter About us
02 December 2011 / Amy Taylor
Issue: 7492 / Categories: Features , EU , Family
printer mail-detail

The ties that bind

© Copyright LexisNexis 2026. All Rights Reserved.

Amy Taylor predicts the effect of the EC Maintenance Regulation on the courts in England & Wales

Council Regulation (EC) No 4/2009, (the Maintenance Regulation) came into force in June, replacing Brussels I. The Maintenance Regulation has been implemented in England and Wales through the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (SI 2011/1484).

The basic premise behind the Maintenance Regulation is simple: to do away with the necessity for any formalities in respect of the enforcement of decisions regarding maintenance within the EU, thereby making it both easier and cheaper for a maintenance creditor to enforce an award within EU member states. The simplicity of this concept is, however, belied by the finer details of the Maintenance Regulation and the (potentially dramatic) impact it could have upon financial proceedings involving EU member states.

Defining maintenance

Perhaps the first point which needs to be addressed when considering the Maintenance Regulation is the definition of maintenance itself. Unfortunately, no definition is provided in the body of the legislation. It is therefore necessary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: When post-breach events rewrite damages claims
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
NLJ this week: Supreme Court redraws unfair prejudice rules
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
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
NLJ this week: CILEX warns Mazur ruling must spark reform
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
NLJ this week: Conditional job offers carry hidden risks for employers
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
Copyright © 2026 LexisNexis
back-to-top-scroll