Manetta vs. De Filippo [2022] EWCA Civil 409

(Court of Appeals (Civil Division), Moylan, Coulson and Baker LJJ, March 29, 2022)

Divorce – Jurisdiction – Suspension of English divorce petition – Ongoing legal separation proceedings filed by husband in Italy – An English court was seized of divorce proceedings for the first time after the closure of the divorce proceedings Italian legal separation but before the start of the divorce proceedings in Italy.

The Court of Appeal dismissed the husband’s appeal against the family court’s decision to allow the respondent wife’s request to lift the stay on her English divorce petition.


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Neutral citation number: [2022] EWCA Civil 409

Case No: CA-2021-000470

AT THE COURT OF APPEAL (CIVIL CHAMBER)
ON APPEAL FROM THE CENTRAL FAMILY COURT
Her Highness Justice Lynn Roberts
ZC16D00120

Royal courts of justice

Strand, London, WC2A 2LL

Date: March 29, 2022

Before :

LORD JUDGE MOYLAN

LORD JUDGE COULSON

and

LORD JUSTICE BAKER

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Between :

LUCA MANETTA
Appellant

– and –

KATIA OF FILIPPO
Respondent

– – – – – – – – – – – – – – – – – – – – –

– – – – – – – – – – – – – – – – – – – – –

Tim Amos QC and Grant Lazarus (instructed by MSB Solicitors) for the Appellant

Stuart McGhee (instructed via Direct Public Access) for the respondent

Court dates: December 16, 2021

– – – – – – – – – – – – – – – – – – – – –

Approved judgment

Remote delivery: This judgment was rendered remotely on Tuesday March 29, 2022 at 10:30 a.m. by dissemination to the parties or their representatives by e-mail and by communication to the BAILII and the National Archives.

Judgement: Manetta vs. De Filippo [2022] EWCA Civil 409

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