JG-v-EB. Mostyn J has confirmed that in EU cases recognition and enforcement of an existing order is the appropriate route to follow rather than a 1980 Hague application. He points out the relative difficulty in opposing recognition and enforcement as compared with a Hague application and the saving of court time, legal aid money and Cafcass resources as being key reasons for preferring that route and relies on the overriding objective.
In this particular case the Applicant was entitled to non-means and non-merits legal aid to enforce as he had been legally aided in the original proceedings in France. In other cases however obtaining legal aid or private funding could be a stumbling block. The provisions of Art 21(4) might allow the issue to be determined within Hague proceedings and it may be sensible to commence Hague immediately whilst also registering for enforcement. The appeal against enforcement could then be listed within the Hague case with the summary return application being adjourned while that route was pursued.
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