“Cross-border legal disputes involving child abduction and custody rows have more than doubled in the past two years, according to the judicial office specialising in international family cases.”
The Guardian, 1st May 2013
Source: www.guardian.co.uk
HSBC Bank plc v Tambrook Jersey Ltd [2013] EWHC 866 (Ch); [2013] WLR (D) 146
“The English court could not “assist” a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction or any intention to commence such proceedings.”
WLR Daily, 12th April 2013
Source: www.iclr.co.uk
“Lawyers for British grandmother Lindsay Sandiford today launched an urgent new legal challenge over a UK Government refusal to fund her appeal against a death sentence imposed by an Indonesian court after she was found guilty of drug smuggling.”
The Independent, 22nd April 2013
Source: www.independent.co.uk
“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”
WLR Daily, March 2013
Source: www.iclr.co.uk
“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”
WLR Daily, 27th February 2013
Source: www.iclr.co.uk
Supreme Court, 23rd January 2013
Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337
“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”
OUT-LAW.com, 26th October 2012
Source: www.out-law.com
“The CPS has today published interim guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct. The guidelines, which take immediate effect, formally set out the factors that are considered when deciding where criminal proceedings should be brought.”
Crown Prosecution Service, 25th October 2012
Source: www.cps.gov.uk
“Advisory service reports rise in cases where British couples split up after moving overseas, where UK judges have no say over who gets the children.”
The Guardian, 19th October 2012
Source: www.guardian.co.uk
“Foreign governments could be given details of Britons’ phone calls, emails and internet usage in another ‘deeply troubling’ part of new surveillance plans.”
Daily Telegraph, 4th July 2012
Source: www.telegraph.co.uk
“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”
WLR Daily, 26th June 2012
Source: www.iclr.co.uk
“Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) (26 June 2012) . The Divisional Court has ruled that common law principles cannot be used to obtain evidence from the Foreign Secretary for use in a foreign court.”
UK Human Rights Blog, 28th June 2012
Source: www.ukhumanrightsblog.com
“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”
WLR Daily, 9th August 2011
Source: www.iclr.co.uk
“The UK’s extradition arrangements with the US and the EU must be overhauled to better protect rights of individuals, a committee of MPs and peers is arguing.”
BBC News, 22nd June 2011
Source: www.bbc.co.uk
“Social networking sites based abroad are tonight (13 May) considering whether to comply with a British court ruling seeking to ban their members from revealing the identities of parties involved in sensitive legal proceedings in London.”
The Independent, 13th May 2011
Source: www.independent.co.uk
“Police investigating allegations that a heart specialist who worked at London’s Great Ormond Street Hospital had sexually abused children in Kenya found they would have been unable to bring a prosecution because the alleged offences occurred before May 2004, a spokesman for Scotland Yard said yesterday.”
The Independent, 8th April 2011
Source: www.independent.co.uk
Agbaje v Agbaje [2010] UKSC 13; [2010] WLR (D) 71
“An English court considering under Pt III of the Matrimonial and Family Proceedings Act 1984 whether it would be appropriate to make an order for financial relief on the application of a party to a foreign divorce was not required to apply a forum non conveniens test and decide which of two jurisdictions was the appropriate one. The whole basis of Pt III was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”
WLR Daily, 10th March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
