Now showing 1 - 4 of 4
  • Publication
    Foreign Divorce Recognition and Residence: A Critical Analysis of H v H
    (Round Hall, 2017-04)
    In this article, it is argued that the dissenting judgment of O’Donnell J. is preferable to the approach adopted by the majority. However, insofar as the minority approach is anchored in English common law developments, it is submitted that O’Donnell J. ought to have given more emphasis to the House of Lords judgment in Indyka v Indyka and less to the earlier English Court of Appeal judgment in Travers v Holley. In following Travers v Holley, O’Donnell J. overstated the need for symmetry between jurisdiction and recognition criteria and ultimately arrived at a test which is logically indefensible.
      396
  • Publication
    Marriage, Divorce and Stagnation in the Irish Conflict of Laws
    (Round Hall, 2014-11)
    This article will explore the deficiencies and anomalies in the current law and will seek to identify the policy changes that are necessary for the appropriate alignment of the existing law with ECHR obligations. It will argue that private international law is not being taken sufficiently seriously and will explore the wider ramifications of official apathy in this sphere.
      620
  • Publication
    Traversing Disciplinary Silos: Marriage, Private International Law and the ECHR
    The focus of this paper is on the English conflicts rules affecting marriage – and how they are impacted by human rights law. As far as human rights law is concerned, the emphasis will be on the European Convention on Human Rights (ECHR) – in particular, Article 8 ECHR (right to respect for family life), Article 12 ECHR (right to marry) and Article 14 ECHR (right to be protected against discrimination in the enjoyment of Convention rights) - but other instruments of international human rights law will also be considered.
      82
  • Publication
    Ten Years of European Family Law: Retrospective Reflections from a Common Law Perspective
    (Cambridge University Press, 2010-10)
    Council Regulation 1347/2000 (the ‘Brussels II Regulation’) marked the beginning of the ‘Europeanization’ of family law. This article analyses the development of EU family law policy over the last decade, with particular focus on the common law perspective. It is argued that the Brussels II Regulation and the ensuing EU family law measures have had (and will have) a significant negative impact in English and Irish law, clashing with internal legal policy and sitting uneasily alongside existing legal structures.
      770Scopus© Citations 6