Unlawful detention: UK government ‘can be sued’, court rules – BBC News

Posted November 20th, 2014 in detention, jurisdiction, news, rendition, state immunity, torture by tracey

‘A Pakistani man can sue the UK government over claims he was unlawfully detained and tortured by British soldiers in Iraq, the High Court has ruled. Yunus Rahmatullah was captured in 2004, then sent from British to US custody and held for 10 years without charge.’

Full story

BBC News, 19th November 2014

Source: www.bbc.co.uk

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Regina (Harkins) v Secretary of State for the Home Department and another – WLR Daily

Posted November 18th, 2014 in extradition, jurisdiction, law reports by sally

Regina (Harkins) v Secretary of State for the Home Department and another [2014] EWHC 3609 (Admin); [2014] WLR (D) 485

‘The test to be used for re-opening a judicial review of a decision to extradite was analogous to that in CPR r 52.17.
The Divisional Court so held in refusing Phillip Harkins’s renewed application for permission to claim judicial review of the Secretary of State for the Home Department’s decision that he should be extradited to the United States of America on charges of murder and attempted robbery. The Government of the USA was joined as an interested party.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

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New rules on remote gambling set to come into force – OUT-LAW.com

Posted November 3rd, 2014 in advertising, complaints, gambling, jurisdiction, licensing, news, ombudsmen by sally

‘Organisations which provide or advertise remote gambling facilities in Great Britain must now be licensed by the Gambling Commission regardless of where those organisations are based in the world, under new rules that come into force tomorrow [1 November].’

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OUT-LAW.com, 31st October 2014

Source: www.out-law.com

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Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

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Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd – WLR Daily

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin); [2014] WLR (D) 438

‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’

WLR Daily, 20th October 2014

Source: www.iclr.co.uk

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UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

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Multi-million pound divorce ‘can be heard in England’ – BBC News

Posted October 20th, 2014 in divorce, financial dispute resolution, jurisdiction, news by sally

‘A multi-million pound divorce between a wealthy Malaysian couple can be heard in an English court, a judge has ruled.’

Full story

BBC News, 17th October 2014

Source: www.bbc.co.uk

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The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

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The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog

Posted October 10th, 2014 in constitutional law, EC law, human rights, jurisdiction, news, treaties by sally

‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’

Full story

UK Human Rights Blog, 9th October 2014

Source: www.ukhumanrightsblog.com

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

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Conservatives plan to scrap Human Rights Act – read the full document – The Guardian

Posted October 6th, 2014 in human rights, jurisdiction, news, political parties by sally

‘Chris Grayling’s eight-page strategy paper ‘Protecting human rights in the UK’ promises to ‘restore sovereignty to Westminster’ through a parliamentary override, breaking the formal link between British courts and the European court of human rights.’

Full document

The Guardian, 3rd October 2014

Source: www.guardian.co.uk

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The Fragility of Human Rights – UK Human Rights Blog

Posted October 6th, 2014 in constitutional law, human rights, jurisdiction, news, political parties by sally

‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’

Full story

UK Human Rights Blog, 5th October 2014

Source: www.ukhumanrightsblog.com

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Dhunna v CreditSights Ltd – WLR Daily

Posted October 2nd, 2014 in employment, jurisdiction, law reports, unfair dismissal by tracey

Dhunna v CreditSights Ltd: [2014] EWCA Civ 1238; [2014] WLR (D) 404

‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’

WLR Daily, 19th September 2014

Source: www.iclr.co.uk

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Court of Appeal: test for employment tribunal’s jurisdiction does not include comparison of different legal systems – OUT-LAW.com

Posted September 25th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’

Full story

OUT-LAW.com, 24th September 2014

Source: www.out-law.com

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Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

Full story

Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

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Legal Ombudsman outlines test for dealing with complaints about MDPs – Legal Futures

‘The Legal Ombudsman (LeO) has introduced a policy for dealing with complaints about organisations which provide non-legal as well as legal services, such as some alternative business structures (ABSs) and, shortly, accountants who offer probate advice.’

Full story

Legal Futures, 19th September 2014

Source: www.legalfutures.co.uk

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Burgo Group SpA v Illochroma SA (in liquidation) and another – WLR Daily

Posted September 9th, 2014 in EC law, insolvency, jurisdiction, law reports by sally

Burgo Group SpA v Illochroma SA (in liquidation) and another (Case C-327/13); ECLI:EU:C:2014:2158; [2014] WLR (D) 386

‘Article 3(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings meant that, where winding-up proceedings were opened in respect of a company in a member state other than that in which it had its registered office, secondary insolvency proceedings could also be opened in respect of that company in the other member state in which its registered office was situated and in which it possessed legal personality. The question as to which person or authority was empowered to seek the opening of secondary proceedings had to be determined on the basis of the national law of the member state within the territory of which the opening of such proceedings was sought pursuant to article 29(b) of the Regulation. The right to seek the opening of secondary proceedings could not, however, be restricted to creditors who had their domicile or registered office within the member state in whose territory the relevant establishment was situated, or to creditors whose claims arose from the operation of that establishment. Where the main insolvency proceedings were winding-up proceedings, the decision as to whether the court before which the action seeking the opening of secondary insolvency proceedings had been brought could take account of criteria as to appropriateness was governed by the national law of the member state within the territory of which the opening of secondary proceedings was sought. However, when establishing the conditions for the opening of secondary proceedings, member states had to comply with EU law and, in particular, its general principles, as well as the provisions of the Regulation.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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