Yesterday 19 October The Privy Council gave judgment in the long awaited reciprocal enforcement case of Yearwood and Yearwood, rejecting the husband's technical submissions, and allowing on behalf of the wife the registration for enforcement purposes of divorce orders made in England, in Antigua and Barbuda.
This should strengthen the resolve of those with matrimonial orders made in this jurisdiction looking to use reciprocal enforcement abroad and seeking to argue that certain orders made in matrimonial proceedings should for the purpose of enforcement be treated as judgments under the Civil Procedure Rules.
Privy Council to give judgment in reciprocal enforcement case
On 19 October 2020 the Judicial Committee of the Privy Council will promulgate the judgment in Yearwood v Yearwood, an appeal from the Court of Appeal of Antigua and Barbuda. The Privy Council will determine whether orders made by the High Court of England and Wales in family proceedings can be registered in Antigua and Barbuda under the Reciprocal Enforcement of Judgments Act; and whether Mrs Yearwood's application to register these orders should have been dismissed on the ground of issue estoppel, cause of action estoppel or abuse of process, and/or because the application was made out of time.
Mr and Mrs Yearwood were formerly a married couple. They divorced; the decree absolute was issued by the High Court of England and Wales on 8 December 2009.
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