Source: All England Reporter
Publisher Citation: [2002] All ER (D) 27 (Jul)
Court: Court of Appeal, Civil Division

Dame Elizabeth Butler-Sloss P, Thorpe and Buxton LJJ

Representation Augustus Ullstein QC (instructed by Clintons) for the wife.
  Robert Seabrook QC and Neil Sanders (instructed by Collyer-Bristow) for the husband.
Judgment Dates: 2 July 2002


Divorce - Practice - Stay of proceedings - Discretionary stay - Balance of fairness and convenience - Appropriate forum - Concurrent divorce proceedings in England and Nigeria - Judge granting husband's application for stay of English proceedings - Whether judge in error - s 5(6).

The Case

In the instant case, where there were concurrent divorce proceedings in England and Nigeria, the judge's exercise of discretion in granting a husband a stay of the English proceedings pursuant to s5(6) of the had been flawed in that it had been unfair to the wife to an unacceptable degree and the stay would, accordingly, be set aside.

Practice Areas

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