07 October 2010
H v W (divorce; jurisdiction) [2010] All ER (D) 70 (Sep)
Under Art 19 of Council Regulation 2201/2003 (EC) (concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), for a court to remain seised, there had to be existing proceedings before it. To construe Art 19 in any other way would be a nonsense, as a court could not be seised of a matter about which it could do nothing, unless a party applied to revive the provision.
