The Court of Appeal handed down judgment today on this complex matter concerning the transitional provisions of the Maintenance Regulation and the ambit of FPR 4.1(6).  Katherine Dunseath was junior counsel (led by James Turner QC of 1KBW and instructed by Michelmores) and successfully represented the Respondent in the High Court and on this appeal.

The appeal concerned an application made for registration of a French order made (in error) under BIIA which governs parental responsibility when the wife’s intention was to issue enforcement proceedings for maintenance. For three years neither party realised this error or the court’s lack of jurisdiction. Upon it being noted the wife applied for the court to rectify the error and substitute registration for that under the Maintenance Regulation under FPR 4.1(6). The husband opposed the application on the basis that the court did not have jurisdiction under r.4.1(6) to do what was being proposed and that all orders made for enforcement of maintenance were thus void.