5 Power of court to refuse application or stay proceedings

5  Power of court to refuse application or stay proceedings

(1)     A court in England and Wales which has jurisdiction to make a [Part I order] may refuse an application for the order in any case where the matter in question has already been determined in proceedings outside England and Wales.

(2)     Where, at any stage of the proceedings on an application made to a court in England and Wales for a [Part I order], or for the variation of a [Part I order], [. . .] it appears to the court—

(a)     that proceedings with respect to the matters to which the application relates are continuing outside England and Wales, . . .

(b)     that it would be more

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