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Hearing date: Monday 27th April 2009- - - - - - - - - - - - - - - - - - - - -Approved Judgment Lord Justice Thorpe: Introduction1.
This appeal requires consideration of two separate but inter-related areas of law and policy, one in the domestic and the other in the European context, relating to contracts that provide for the property consequences of divorce.
The European civil law states overcome it by importing the applicable foreign law.11.
The present appeal is almost a paradigm example of the caprice of outcome dependent on which European jurisdiction is first seized.
Divergent views led the United Kingdom to submit what was no more than a formal response to the Green Paper but which promised a substantive response in due course.
The question of what that substantive response should be was referred to the North Committee.
Here, for himself, the husband was awarded over £5 million.
This is not to apply foreign law, nor is it to give effect to a contract foreign to English tradition.Subsequently the couple co-habited in London and New York.Thus the case has all the hallmarks of internationality.3.The result of general dissent as to the way forward is that no substantive response to the Green Paper has been sent.The European Commission intends to convene a meeting of experts in Brussels on 28th September next.10.