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Priority of proceedings under EU Brussels II: An Irish High Court decision may mean all change after 15 years of practice
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On Wednesday 2 December 2015 Ireland’s High Court by its most senior family court judge Mr Justice Henry Abbott handed down a decision just published in an Anglo-Irish case which dramatically changes expectations of what is needed across the EU to gain priority of proceedings. It is surprising it has taken until almost the 15th anniversary of the Brussels II Regulation for the matter to be argued. It is subject to appeal which will be followed closely by family lawyers across Europe.
If upheld it will produce a significant change in practice by lawyers and by court administrators and in the running of family court buildings.
The point was a simple one. What has to be done to gain priority
lis pendens for divorce and other legal separation proceedings? Is it to be first to issue proceedings as has been practice in England and elsewhere across Europe or simply to deliver papers to the court and/or to be received by the court? The Irish decision was the latter. Issuing itself was not needed. Only receipt or possibly delivery is paramount.
It is well-known...
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