PB –v-SE [2013] EWHC 647 (Fam) Cobb J 25th March 2013
In this case Cobb J resolved the issue of whether prorogation of jurisdiciton was permanent or only for the lifetime of the particular proceedings concerned.
He concluded that prorogation endures until a final order is made in the proceedings in which jurisdiction was prorogued. It then comes to an end and jurisdiction has to be assessed for any new proceedings/applications according to the usual jurisdiction framework in BIIR. He relied on Art 12(1) and what was said by the UKSC in Re I.
No comments:
Post a Comment