Regina (Panesar) v Central Criminal Court and another – WLR Daily

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

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Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

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Regina v Rogers (Bradley) and others – WLR Daily

Posted August 5th, 2014 in fraud, jurisdiction, law reports, money laundering, proceeds of crime by sally

Regina v Rogers (Bradley) and others [2014] EWCA Crim 1680; [2014] WLR (D) 362

‘Both the provisions relating to money laundering contained in the Proceeds of Crime Act 2002 and earlier authority provided jurisdiction in the English courts to cover an allegation of converting criminal property obtained by fraud in the United Kingdom by a person living and working in Spain who permitted the money to be received into his Spanish bank account and then withdrawn from it.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

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Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

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Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

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Lindsay Sandiford case: Bali death row drugs trafficker review call – BBC News

‘The UK Supreme Court has called on the British government to review the case of a grandmother facing execution in Indonesia on drug charges.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

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The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by tracey

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

Full story

UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

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Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by tracey

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

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High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

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OUT-LAW.com, 20th June 2014

Source: www.out-law.com

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Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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