Category: France

Speech by Mr Justice Foxton: Edmund King Memorial Lecture – Courts and Tribunals Judiciary

Posted March 15th, 2022 in contracts, France, legal history, speeches by tracey

‘Mr Justice Foxton, who sits in the Commercial Court, has delivered a lecture in memory of Edmund King QC to a joint meeting of the London Common Law and Commercial Bar Association (COMBAR) and the Administrative Law Bar Association. Entitled “What did the French ever do for us? Historic and prospective French influences on English private law”, the speech addressed the influence of French legal writers and concepts on the development of English private law.’

Full speech

Courts and Tribunals Judiciary, 14th March 2022

Source: www.judiciary.uk

France to push for EU-wide UK migration treaty over Channel crossings – The Guardian

Posted January 11th, 2022 in asylum, EC law, France, immigration, news, treaties by tracey

‘France will press the EU to negotiate an asylum and migration treaty with the UK in an attempt to deter people from making the dangerous Channel crossing.’

Full Story

The Guardian, 10th January 2022

Source: www.theguardian.com

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

Posted November 29th, 2021 in asylum, France, government departments, human rights, immigration, international law, news, refugees by tracey

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

Full Story

EIN Blog, 26th November 2021

Source: www.ein.org.uk

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

Posted September 23rd, 2021 in asylum, bills, France, government departments, international law, news, shipping law, statutory interpretation by tracey

‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’

Full Story

The Independent, 22nd September 2021

Source: www.independent.co.uk

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

Posted August 17th, 2020 in appeals, care orders, children, EC law, families, foreign jurisdictions, France, jurisdiction, local government, mental health, news by sally

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

Full Story

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

Posted August 10th, 2020 in armed forces, France, government departments, immigration, inquiries, international law, news, ships, statistics by sally

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

Full Story

The Guardian, 7th August 2020

Source: www.theguardian.com

Home Office agrees to review asylum claims of child refugees in France – The Guardian

Posted February 20th, 2017 in asylum, children, EC law, France, government departments, immigration, news, refugees by sally

‘The Home Office has agreed to review asylum applications from child refugees in France after it emerged that several had returned to the site of the former Calais camp in a renewed effort to make the crossing to the UK.’

Full story

The Guardian, 19th February 2017

Source: www.guardian.co.uk

The Only Way is Ethics: Whose media laws should a British journo follow? – The Independent

Posted November 23rd, 2015 in codes of practice, France, freedom of expression, internet, media, news, privacy, terrorism by sally

‘It is a ghastly truth that newspapers come into their own when something terrible has happened. The horrors witnessed in Paris just over a week ago resulted in some excellent reporting and analysis. There have been some exceptions – though, given the confused nature of the situation, that is perhaps inevitable.’

Full story

The Independent, 22nd November 2015

Source: www.independent.co.uk

CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog

Posted October 9th, 2015 in EC law, elections, France, news, prisons, proportionality by tracey

‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’

Full story

UK Human Rights Blog, 9th October 2015

Source: www.ukhumanrightsblog.com

Facilitating the Return of Abducted Children – The judgment of the European Court of Human Rights – Family Law Week

Posted March 18th, 2013 in child abduction, damages, France, human rights, news by sally

“Esther Lieu, a Pupil at Coram Chambers, and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR’s recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.”

Full story

Family Law Week, 18th March 2013

Source: www.familylawweek.com

Supreme court appointee says role of British judges is too politicised – The Guardian

Posted November 9th, 2011 in constitutional history, constitutional law, France, judicial review, judiciary, lectures by tracey

“Jonathan Sumption QC believes that UK judiciary is too closely involved in making decisions best left for parliament.”

F.A. Mann Lecture, Lincoln’s Inn,  8th November 2011

Full text of lecture

The Guardian, 9th November 2011

Source: www.guardian.co.uk

News of the World publishers ordered to pay Max Mosley £20,000 after breaching privacy – Daily Telegraph

Posted November 9th, 2011 in damages, France, media, news, privacy by tracey

“The publisher of the News of the World has been told by a French court that it must pay Max Mosley almost £20,000 after being found guilty of breaching the ex-Formula One chief’s privacy.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Martin v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2009 in benefits, conflict of laws, France, law reports, trusts by sally

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009

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.

British newspaper websites liable in France for privacy invasion – OUT-LAW.com

Posted May 30th, 2008 in France, internet, news, privacy by sally

“Two British newspaper publishers have been fined in French courts because they violated French privacy laws. The publishers were liable because the articles were viewed in France on the internet.”

Full story

OUT-LAW.com, 29th May 2008

Source: www.out-law.com

Britain and France join forces on immigration – The Independent

Posted March 25th, 2008 in France, immigration, news by sally

“Plans for a joint drive by Britain and France against illegal immigration could backfire by forcing ‘soft targets’ to return to dangerous countries, refugee groups have warned.”

Full story

The Independent, 25th March 2008

Source: www.independent.co.uk

Judges back two British boys who refuse to live in France – The Times

Posted November 8th, 2007 in contact orders, France, news by sally

“Two boys who hated living in France so much they asserted their Britishness and refused to return to live there with their mother have been granted their wish by senior judges.”

Full story

The Times, 8th November 2007

Source: www.timesonline.co.uk

Leman-Klammers v Klammers – Times Law Report

Posted October 4th, 2007 in appeals, divorce, France, jurisdiction, law reports by sally

Divorce pending appeal valid

Leman-Klammers v Klammers

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.