- Order authorising the sale of a minor’s property (Re Shanavazi)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The court held that the English courts have jurisdiction under section 3 of the Children Act 1989 (ChA 1989) to authorise a parent to consent to a sale of jointly held inherited property, located in Germany, on behalf of a minor who is habitually resident in England and Wales. Although a simple practical problem, it gave rise to legal issues of considerable complexity that had to be disentangled by the judge including questions of jurisdiction under German law, jurisdiction under English law (both before and after Brexit), the applicable law, the implementation of the Withdrawal Agreement, jurisdiction under the EU law and the applicability of parental responsibility under domestic law. Written by Remi Aiyela, consultant at Gunnercooke LLP.
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