Osbornes win in the UK Supreme Court 23 May 2016
Osbornes Solicitors have successfully represented their client in the UK Supreme Court
The issue in the case concerned the application of the scheme provided by the Brussels II Revised Regulation for the recognition and registration for enforcement in one Member State of judgments as to parental responsibility made in another Member State.
The mother of the subject child, who was represented by specialist family and children lawyer, Simone McGrath at Osbornes, had opposed the recognition and registration for enforcement in England of a custody judgment that had been made in favour of the father in Romania.
The High Court, had refused to recognise and register that judgment (Re D. (Recognition and Enforcement of Romanian Order)  EWHC 2756 (Fam);  1 F.L.R. 1272) and an appeal by the father against that refusal had been dismissed by the Court of Appeal (In the Matter of D. (A Child) (International Recognition)  EWCA Civ 12).
The particular ground for non-recognition that had been upheld by the Court of Appeal was that the relevant judgment of the court in Romania had been made without the child having been given an opportunity to be heard, in violation of the fundamental principles of procedure of England and Wales.
The father was granted permissions by the UK Supreme Court to pursue a further appeal to that court.
At that point an issue was raised on behalf of the mother as to whether jurisdiction for such a further appeal actually existed. The question was whether the notification given by the UK pursuant to Articles 34 and 68 of the Brussels II Revised Regulation had been effective to make the Court of Appeal the final appellate court in such matter.
On 23 May 2016 the Supreme Court conducted a hearing of that Preliminary Issue and at the end of that hearing the father’s appeal to the UK Supreme Court was struck out for want of jurisdiction (a reasoned judgment will be provided by the Supreme Court at a later date).
Counsel for the mother instructed by Osbornes were James Turner QC and Edward Devereux.
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Simone McGrath is ranked in Chambers and Partners as a leading children lawyer in London.