Whyte v Whyte: CA 21 Jul 2005

A decree of divorce had been made in Texas, and after the wife had breached a court order by fleeing to Russia with a child of the family, a freezing order was made against the wife in respect of property in London. The husband now appealed an order declining to enforce the Texas order for want of jurisdiction.
Held: The court had jurisdiction, and the appeal succeeded. The wife claimed that she had taken no part in the enforcement proceedings in Texas and should not be bound by them, but she had already submitted to the Texas jurisdiction by her involvement in the earlier related proceedings.

Judges:

Thorpe LJ, Buxton LJ, Neubergeer LJ

Citations:

[2005] EWCA Civ 858, Times 23-Aug-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

AppliedMurthy and Another v Sivasjothi and Others CA 30-Oct-1998
Where a foreign defendant had accepted jurisdiction of a competent foreign court, that submission operated similarly in respect of a claim by a co-defendant in that case against the party in a related matter and the judgment was enforceable here. . .
Lists of cited by and citing cases may be incomplete.

Family, Jurisdiction

Updated: 30 June 2022; Ref: scu.229699