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Manetta v De Filippo [2022] EWCA Civ 409

Date:18 MAY 2022

(Court of Appeal (Civil Division), Moylan, Coulson and Baker LJJ, 29 March 2022)

Divorce – Jurisdiction – Stay on English divorce petition – Ongoing judicial separation proceedings filed by husband in Italy – English court first seised of divorce proceedings after Italian judicial separation proceedings disposed of but before divorce proceedings started in Italy.

The Court of Appeal dismissed the husband's appeal against the Family Court's decision to allow the respondent wife's application to lift a stay on her English divorce petition.

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Neutral Citation Number: [2022] EWCA Civ 409

Case No: CA-2021-000470

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL FAMILY COURT
HH Judge Lynn Roberts
ZC16D00120

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29 March 2022

Before :

LORD JUSTICE MOYLAN

LORD JUSTICE COULSON

and

LORD JUSTICE BAKER

- - - - - - - - - - - - - - - - - - - - -

Between :

LUCA MANETTA
Appellant

- and -

KATIA DE FILIPPO
Respondent

- - - - - - - - - - - - - - - - - - - - -

Tim Amos QC and Grant Lazarus (instructed by MSB Solicitors) for the Appellant

Stuart McGhee (instructed via Direct Public Access) for the Respondent

Hearing dates : 16 December 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

Remote hand-down: This judgment was handed down remotely at 10:30am on Tuesday 29 March 2022 by circulation to the parties or their representatives by email and by release to BAILII and the National Archives.

Judgment: Manetta v De Filippo [2022] EWCA Civ 409