Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

Full story

Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

Comments Off on Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Re N – Transfer of proceedings – When to make an application under Article 15 – Park Square Barristers

Posted January 13th, 2016 in children, jurisdiction, news, transfer of proceedings by sally

‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’

Full story

Park Square Barristers, 6th January 2016

Source: www.parksquarebarristers.co.uk

Comments Off on Re N – Transfer of proceedings – When to make an application under Article 15 – Park Square Barristers

Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

Full story

Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

Comments Off on Finance and Divorce Update January 2016 – Family Law Week

Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Comments Off on Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

Comments Off on Government of the United States of America v Giese – WLR Daily

Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

Full story

UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

Comments Off on Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

Full story

OUT-LAW.com, 11th December 2015

Source: www.out-law.com

Comments Off on Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’

Full story

The Guardian, 8th December 2015

Source: www.guardian.co.uk

Comments Off on Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

MoJ considers specialist courts for issues such as domestic abuse – The Guardian

‘The potential for developing more US-style specialist tribunals – including courts dedicated to tackling the surge in domestic abuse cases – is being examined by the Ministry of Justice (MoJ).’

Full story

The Guardian, 7th December 2015

Source: www.guardian.co.uk

Comments Off on MoJ considers specialist courts for issues such as domestic abuse – The Guardian

Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’

Full story

OUT-LAW.com, 1st December 2015

Source: www.out-law.com

Comments Off on Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

The dark face of our imperial past – UK Human Rights Blog

Posted November 30th, 2015 in armed forces, colonies, delay, human rights, inquests, inquiries, jurisdiction, news by sally

‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians at Batang Kali. The Court held that (1) the lapse of time meant that there was no Article 2 requirement to hold an inquiry; (2) a duty to hold an inquiry could not be implied into common law under the principles of customary international law; and (3) the decision not to hold an inquiry under the Inquiries Act 2005 was not open to challenge on ordinary judicial review principles. However, the Supreme Court did hold that the deaths were within the United Kingdom’s jurisdiction for the purposes of the application of the ECHR.’

Full story

UK Human Rights Blog, 30th November 2015

Source: www.ukhumanrightsblog.com

Comments Off on The dark face of our imperial past – UK Human Rights Blog

“… this can no longer be tolerated”: a short guide to the correct use of section 20, Children Act 1989 – Family Law Week

‘Alex Laing, barrister of Coram Chambers, concludes his review of N (Children) (Adoption: Jurisdiction) by considering what the President said about section 20 agreements.’

Full story

Family Law Week, 11th November 2015

source: www.familylawweek.co.uk

Comments Off on “… this can no longer be tolerated”: a short guide to the correct use of section 20, Children Act 1989 – Family Law Week

The Sun’s ‘cleavage week’ ads escape ban – The Guardian

Posted October 21st, 2015 in advertising, complaints, jurisdiction, media, news, ombudsmen, photography, women by sally

‘A competition in the Sun inviting readers to submit a photo of their cleavage for the chance to win £1,000 has escaped a ban from the advertising watchdog.’

Full story

The Guardian, 21st October 2015

Source: www.guardian.co.uk

Comments Off on The Sun’s ‘cleavage week’ ads escape ban – The Guardian

Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog

‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled.” ‘

Full story

UK Human Rights Blog, 11th October 2015

Source: www.ukhumanrightsblog.com

Comments Off on Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog

Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

Full story

Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

Comments Off on Finance & Divorce Update October 2015 – Family Law Week

Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Full story

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

Comments Off on Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

Full story

Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

Comments Off on Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Full story

Panopticon, 1st October 2015

Source: www.panopticonblog.com

Comments Off on ‘Vilified’ doctor cannot publish patient’s private information – Panopticon

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

Full story

The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Comments Off on UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

Tech 21 UK Ltd v Logitech Europe SA – WLR Daily

Posted October 2nd, 2015 in Community designs, intellectual property, jurisdiction, law reports by tracey

Tech 21 UK Ltd v Logitech Europe SA: [2015] EWHC 2614 (Ch); [2015] WLR (D) 389

‘It is not right to characterise a claim under regulation 2 of the Community Design Regulations 2005 (SI 2005/2339) as one for a declaration of non-infringement.’

WLR Daily, 15th September 2015

Source: www.iclr.co.uk

Comments Off on Tech 21 UK Ltd v Logitech Europe SA – WLR Daily