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Tables of Cases | p. xiii |
Tables of Legislation | p. xxiii |
List of Abbreviations | p. xxxix |
Introduction | p. xlv |
Background, Context, and Principles of Interpretation | p. 1 |
Brussels II bis: Origins and Legislative History | p. 1.01 |
The Brussels I Convention | p. 1.01 |
International Cooperation in Matters of Status | p. 1.02 |
The Initial Development of the Brussels II Project | p. 1.03 |
Justifications for the Brussels II Project | p. 1.04 |
The Treaty of Amsterdam: From Intergovernmentalism to Supranationalism | p. 1.07 |
Rome III | p. 1.10 |
Other Subsequent and Future Developments | p. 1.13 |
Brussels II (bis) versus Alternative Options | p. 1.15 |
Introduction | p. 1.15 |
Amendment of French Law | p. 1.19 |
Bilateral Agreement Between Germany and France | p. 1.20 |
1970 Hague Convention | p. 1.21 |
New Single Convention | p. 1.26 |
Convention on Recognition of Marriage and Divorce | p. 1.29 |
Negative Integration: Direct Application of the 'Free Movement of Persons' Doctrine by the ECJ | p. 1.30 |
Harmonization of Substantive Divorce Law | p. 1.32 |
Conclusion | p. 1.34 |
Interpretation of Brussels II bis | p. 1.37 |
Ideal of Uniform Interpretation | p. 1.37 |
Principles of Interpretation | p. 1.40 |
Habitual Residence, Domicile, and Other Connecting Factors | p. 35 |
Introduction | p. 2.01 |
Habitual Residence | p. 2.04 |
Introduction | p. 2.04 |
Indicative Statements of the Nature of 'Habitual Residence' | p. 2.07 |
'Habitual Residence': Duration of Residence and Intention to Remain | p. 2.11 |
'Habitual Residence': Other Factors | p. 2.23 |
Overview and Conclusion: The Likely Interpretation of 'Habitual Residence' under Article 3 Brussels II bis | p. 2.41 |
Comparing 'Domicile' and 'Habitual Residence' | p. 2.46 |
Nature of 'Domicile' | p. 2.46 |
'Domicile' versus 'Habitual Residence' | p. 2.48 |
Other Connecting Factors | p. 2.53 |
Introduction | p. 2.53 |
Nationality | p. 2.54 |
Agreed Forum | p. 2.61 |
Place of Celebration | p. 2.65 |
Context of Use of Connecting Factors | p. 2.66 |
Conclusions | p. 2.71 |
Scope of Brussels II BIS | p. 83 |
Introduction | p. 3.01 |
Geographic Scope | p. 3.02 |
General | p. 3.02 |
UK Context | p. 3.03 |
Temporal Scope | p. 3.22 |
Personal Scope | p. 3.26 |
Material Scope | p. 3.28 |
Introduction | p. 3.28 |
Primary versus Ancillary Proceedings | p. 3.29 |
Subject-Matter Jurisdiction | p. 3.30 |
Meaning of 'Matrimonial Matters' | p. 3.34 |
Which 'Status' Proceedings are Included/Excluded? | p. 3.54 |
Conclusion | p. 3.76 |
Jurisdictional Bases Under Brussels II BIS | p. 131 |
Introduction | p. 4.01 |
Jurisdictional Grounds under Article 3 Brussels II bis | p. 4.03 |
Overview of Jurisdictional Grounds under Article 3(1) | p. 4.03 |
'The Spouses are Habitually Resident' (First Indent) | p. 4.06 |
'The Spouses were Last Habitually Resident, Insofar as One of Them Still Resides There' (Second Indent) | p. 4.07 |
'The Respondent is Habitually Resident' (Third Indent) | p. 4.08 |
'In the Event of a Joint Application, Either of the Spouses is Habitually Resident' (Fourth Indent) | p. 4.09 |
'The Applicant is Habitually Resident if He or She Resided There for at least a Year Immediately Before the Application was made' (Fifth Indent) | p. 4.15 |
'The Applicant is Habitually Resident if He or She Resided There for at least Six Months Immediately Before the Application was made and is Either a National of the Member State in Question or, in the Case of the United Kingdom and Ireland, has His or Her "Domicile" There' (Sixth Indent) | p. 4.18 |
'Member State...of the Nationality of Both Spouses or, in the Case of the United Kingdom and Ireland, of the "Domicile" of Both Spouses' (Seventh Indent) | p. 4.20 |
Derivative Jurisdictional Grounds under Brussels II bis | p. 4.21 |
Proof and Examination of Jurisdiction under Article 3 | p. 4.22 |
Overview of Direct Jurisdiction under Brussels II bis | p. 4.23 |
Critical Analysis of the Cumulative Effect of the Article 3 Bases | p. 4.23 |
Particular Impact of Article 3 in English Law | p. 4.27 |
Residual Grounds for Jurisdiction under Brussels II bis | p. 4.32 |
Introduction | p. 4.32 |
Interpreting Articles 6 and 7 | p. 4.33 |
Residual Jurisdiction under English Law | p. 4.40 |
Residual Jurisdiction: Analysis and Reform | p. 4.42 |
Relationship Between Brussels II bis Jurisdictional Grounds and Jurisdictional Bases for Ancillary Relief | p. 4.45 |
Introduction | p. 4.45 |
Jurisdiction in Ancillary Financial Matters: Background and Context | p. 4.48 |
Unity of Proceedings: The Impact of Brussels I | p. 4.51 |
Future Developments: Maintenance Regulation 4/2009 and the Matrimonial Property Green Paper | p. 4.56 |
Jurisdiction to Take 'Provisional, Including Protective, Measures' | p. 4.59 |
Conclusions | p. 4.63 |
Overview and Analysis | p. 4.64 |
Declining Jurisdiction Under Brussels II BIS | p. 185 |
Introduction and Background | p. 5.01 |
Lis Pendens under Brussels II bis | p. 5.04 |
Introduction to Article 19 | p. 5.04 |
Material Scope of Lis Pendens Rule under Article 19 | p. 5.06 |
Defining 'Seisin' under Article 19 | p. 5.11 |
Conclusion | p. 5.15 |
Remaining Scope of Application of Forum Non Conveniens | p. 5.16 |
Introduction | p. 5.16 |
Forum Non Conveniens in Intra-EU Conflicts: Declining Jurisdiction in Favour of Another Member State | p. 5.19 |
Forum Non Conveniens in Extra-EU Conflicts: Declining Jurisdiction in Favour of a Third Country | p. 5.23 |
Declining Jurisdiction: Relationship Between Brussels II bis and Ancillary Proceedings | p. 5.37 |
Introduction | p. 5.37 |
Declining Jurisdiction: Relationship Between Brussels I and II bis | p. 5.40 |
Conclusion | p. 5.44 |
Critical Analysis of Brussels II bis Rules on Declining Jurisdiction | p. 5.46 |
Particular Impact of Curtailment of Forum Non Conveniens in Matrimonial Cases | p. 5.46 |
Declining Jurisdiction and the Protection of Human Rights | p. 5.53 |
Some Suggested Reforms | p. 5.55 |
Inadequacy of Choice-of-Law Solutions | p. 5.59 |
Conclusion | p. 5.62 |
Recognition of Matrimonial Decrees Under Brussels II BIS | p. 231 |
Introduction | p. 6.01 |
Recognition under the Family Law Act 1986 and under Brussels II bis: A Comparison | p. 6.02 |
Recognition under the 'Traditional Rules' of the 1986 Act | p. 6.02 |
Recognition under Brussels II bis | p. 6.07 |
Procedures for Recognition: A Comparison | p. 6.18 |
Conclusion | p. 6.23 |
Defences to Recognition under Brussels II bis | p. 6.28 |
Introduction | p. 6.28 |
Defences to Recognition and Article 6(1) ECHR | p. 6.30 |
Mandatory versus Discretionary Defences | p. 6.36 |
Public Policy Defence (Article 22(a) Brussels II bis) | p. 6.39 |
Natural Justice Defence (Article 22(b) Brussels II bis) | p. 6.54 |
Irreconcilable Judgments (Article 22(c) and Article 22(d) Brussels II bis) | p. 6.57 |
Conclusion | p. 6.64 |
Consequences of Recognition | p. 6.65 |
Introduction: Consequences of Recognition under English Law | p. 6.65 |
Consequences of Recognition under Brussels II bis | p. 6.71 |
Conclusion | p. 6.77 |
Conclusion | p. 6.79 |
Final Observations | p. 281 |
Introduction | p. 7.01 |
General Assessment | p. 7.02 |
English Law Perspective | p. 7.06 |
Bibliography | p. 287 |
Index | p. 303 |
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