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Thum v Thum; FC 21 Oct 2016

References: [2016] EWHC 2634 (Fam)
Links: Bailii
Coram: Mostyn J
Ratio: The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was refused. W sent the papers to the Foreign Process Section for service under the EU Service Regulation (No 1393/2007) on 19 January 2016. Unfortunately, she gave the husband’s address as No 214 Kurfurstendamm Berlin. That is his office address. His home address is No 215. Because the wife did not give the name of his business and there are a number of units in No 214, the papers were returned marked ‘address unknown’ . . This minor error, if indeed it was an error, is not one that can be said to demonstrate that the wife had failed to take steps required of her within the terms of Art 16. And in any event she did perfectly serve the husband on 27 February 2016, four months and a day after the issue of the petition.
Statutes: Brussels II Regulation (No. 1347/2000)
This case cites:

(This list may be incomplete)
Jurisdiction: England and Wales

Last Update: 03-Nov-16
Ref: 570773

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