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Brussels II case first family business for Supreme Court

Mother seeks to challenge the ambit of the jurisdictional framework of Brussels II Revised and to clarify the ability of the court to stay proceedings

The first family law case that is to come before the Supreme Court (and the second case to come before it since its creation) is that of Re I (A Child), which is to be heard on 12 and 13 October 2009.  This important appeal is an appeal, by permission granted by the Supreme Court on 28th September 2009, from a decision of the Court of Appeal, (Thorpe, Scott Baker and Sullivan LJJ), given on 21st July 2009, which will seek to consider the ambit of Brussels II Revised; the extent of its reach in respect of children who are habitually resident outside the European Union; the concept of “habitual residence” for the purposes of the Regulation; and the continuing role (if any) of the doctrine of forum non conveniens in cases governed by Brussels II Revised. 

The Appellant mother is represented by Jonathan Baker QC, the head of Harcourt Chambers, leading Edward Devereux, another specialist in international children’s law, along with Janet Broadley of Bindmans.

The text of the Court of Appeal judgment is available in our Judgments section here.