P v P [2006] EWCA Civ 497

This was a second appeal in a case where the appellant husband had issued divorce proceedings in France and the respondent wife responded by issuing proceedings under the Trusts of Land and Appointment of Trustees Act 1996 concerning a portfolio of properties owned by the couple. The husband contended that the French court was first seised of proceedings and so the TOLATA proceedings should be stayed. The appeal was allowed.