Berisha (Respondent) v Berisha (Appellant)

Case summary

Case ID

UKSC/2025/0057

Parties

Appellant(s)

Gani Berisha

Respondent(s)

Luljeta Berisha

Issue

Was the Court of Appeal correct to refuse the appellant’s application for an extension of time to appeal the High Court’s order granting a decree nisi (a provisional order for divorce) for the parties and refusing recognition of a divorce in Kosovo?

Facts

The appellant, Mr Berisha, and the respondent, Ms Berisha, were married on 23 September 2003 in Pejë in the Republic of Kosovo. Mr Berisha came to Northern Ireland before 2000 and, following their marriage, Ms Berisha came to live with him in October 2003. Following the breakdown of their marriage, both parties issued petitions for divorce, but in different jurisdictions. Mr Berisha issued for divorce at the Court of First Instance in Pejë, Kosovo in January 2019, whereas Ms Berisha issued proceedings in Northern Ireland in June 2019. On 12 December 2019, the Court of First Instance in Kosovo issued a decision dissolving the marriage between the parties. On 22 January 2020, the decree nisi hearing took place before Huddleston J in the Family Division of the High Court of Northern Ireland. Mr Berisha appeared as a litigant in person after his solicitor stopped acting for him several days prior. At the hearing, Mr Berisha raised the issue that there was already a divorce order granted by the Court in Kosovo. In reply, Ms Berisha’s counsel submitted that Ms Berisha was not aware of the proceedings in Kosovo and questioned the authenticity of the Kosovan divorce documents. Huddleston J accepted Ms Berisha’s counsel’s submissions and made an order refusing to recognise the divorce proceedings in Kosovo pursuant to section 51 of the Family Law Act 1986 and granting the parties decree nisi in Northern Ireland on the basis that the marriage had irretrievably broken down due to Mr Berisha’s unreasonable behaviour. On 16 July 2024, Mr Berisha lodged a notice of appeal of Huddleston J’s decision. This was four years out of time as under Order 59 Rule 4 (1)(c) of the Rules of the Court of Judicature (NI) 1980 a notice of appeal must be served within six weeks after the decision appealed (i.e. by 4 March 2020 in this case). Mr Berisha therefore also made an application to extend time to appeal. The Court of Appeal refused to extend time and dismissed Mr Berisha’s application. Mr Berisha now appeals to the Supreme Court.

Date of issue

2 April 2025

Case origin

PTA

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