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Whose law is it anyway? Applicable law post-Moore

Date:18 JUN 2007

David Hodson, English and Australian solicitor and mediator and Deputy District Judge, Principal Registry of the Family Division. Moore v Moore [2007] EWCA Civ 361, [2007] FLR (forthcoming) is a further extension of the policy over recent years of the English family courts transferring English cases to the courts of the country whose laws, procedures or agreements are the subject of the dispute, on the basis that the local courts are much better placed to deal with local law matters. This article examines the impact of the Moore case against the background of pressure from Brussels to adopt applicable law (applying the law of the country with which the parties have the closest connection). The jurisprudence in Moore is starkly against applicable law and Brussels II yet stunningly in accordance with Brussels I and international comity. Looking at the background to the case and considering Part III of the Matrimonial and Family Proceedings Act 1984, applicable law and Brussels I, the author considers the longer term implications of Moore and the need to resist pressure to opt in to Rome III. For the full article see July [2007] Fam Law.

Read the full article here.