Case No. ZC20D00020
Family Court

Case No. ZC20D00020

Fecha: 01-Jul-2022

Ella v Ella

[2007] 2 FLR 35 in which the Court of Appeal upheld a decision of Macur J who had stayed a wife’s English petition in favour of a husband’s second-served Israeli petition. Thorpe LJ said at Paragraph [26]:- “…Of course, at first blush, this looks like a London case but that is only at first blush, and the judge was perfectly right in my opinion to regard the pre-nuptial agreement as a major factor. Whatever might be its relevance to an ancillary relief award in this jurisdiction, it is undoubtedly a contract which, in the Israeli jurisdiction, is of considerable effect and is a juridical advantage to the husband which Mr Blair by his submission seeks to remove. It has often been said that what is a disadvantage to one party is one jurisdiction is an advantage to the other in another.”65.Mr Yates submitted to me that it does not matter which petition was started first. That is as a result of an observation of Aikens LJ in