Thum v Thum – WLR Daily

Posted November 8th, 2016 in civil procedure rules, delay, divorce, EC law, law reports, regulations, service by sally

Thum v Thum [2016] EWHC 2634 (Fam)

‘Having issued a divorce petition in the English courts on 26 October 2015 the wife made no attempt to serve the husband until, on 19 January 2016, she sent the papers to the relevant court office for service out of the jurisdiction. A typographical error contained within the details of the husband’s address caused effective service to be further delayed until 27 February 2016. The husband, having issued his own German divorce petition on 19 January 2016, applied to dismiss or stay the wife’s petition on the ground that she had failed “subsequently [to] take the steps required of her to effect service upon the respondent” in accordance with article 16 of Council Regulation (EC) No 2201/2003 (“Brussels II revised”).’

WLR Daily, 21st October 2016