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ARTICLE · 09 AUGUST 2010

Forum Non Nonveniens

Withers LLP
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The recent decision in JKN v JCN [2010] EWHC 843, in which the English Court retained its power to grant a stay on grounds of forum non conveniens, is discussed.

United KingdomFamily and Matrimonial
Antonia Mee
Antonia Mee
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The recent decision in JKN v JCN [2010] EWHC 843, in which the English Court retained its power to grant a stay on grounds of forum non conveniens, is discussed.

Recently Withers acted for the wife ('W') in a leading High Court case (reported as JKN v JCN [2010] EWHC 843 (Fam)) to determine whether the English Court retains the power to grant a stay of a divorce on grounds of forum non conveniens. The husband ('H') applied to block the English divorce and financial proceedings on the basis that New York was the more appropriate forum.

Both parties have US and British nationality. They married in New York in 1996 and moved to London immediately after they were married. Their four children were all born in England and have both US and British nationality.

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