Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

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News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

Full story

Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

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TV ‘exposure’ of Scientology halted by UK libel law split – The Guardian

‘Plans to broadcast HBO’s Church of Scientology exposé, Going Clear, have been shelved by Sky Atlantic in a virtual repeat of events two years ago, when UK publishers abandoned publication of the book on which the hard-hitting new TV documentary is based.’

Full story

The Guardian, 18th April 2015

Source: www.guardian.co.uk

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Ariadne’s Golden Thread: Placing Children in Secure Accommodation – Family Law Week

Posted April 10th, 2015 in care orders, children, jurisdiction, news by tracey

‘Alex Laing, pupil at Coram Chambers, provides a step-by-step guide through the secure accommodation labyrinth when determining whether to use section 25 of the Children Act 1989 or the inherent jurisdiction.’

Full story

Family Law Week, 9th April 2015

Source: www.familylawweek.co.uk

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Daedalus’s Twist? Secure Accommodation after a Child’s 16th Birthday – Family Law Week

Posted April 10th, 2015 in care orders, children, jurisdiction, news by tracey

‘Alex Laing, pupil at Coram Chambers, examines whether, and if so on what basis, the court can place in secure accommodation a child who has celebrated his 16th birthday.’

Full story

Family Law Week, 9th April 2015

Source: www.familylawweek.co.uk

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Stranded Spouses and Immigration Control – Family Law Week

‘Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.’

Full story

Family Law Week, 31st March 2015

Source: www.familylawweek.co.uk

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The Cat’s Out of the Bag: legal advice privilege and the risks of being caught with a divorce lawyer – Family Law Week

‘Samuel Littlejohns, pupil at 1 Hare Court, examines whether the very fact that a party consulted a lawyer at a given time is privileged information, and the practical consequences of this for practitioners.’

Full story

Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

Full story

UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) [2015] EWCA Civ 226; [2015] WLR (D) 133

‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Blackwood v Birmingham: Neither the Time nor the Placement – Cloisters

‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’

Full story

Cloisters, 3rd February 2015

Source: www.cloisters.com

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Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings

Posted March 17th, 2015 in appeals, choice of forum, foreign companies, jurisdiction, news, Privy Council by sally

‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’

Full story (PDF)

11 Stone Buildings, February 2014

Source: www.11sb.com

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Speech by Mr Justice Hickinbottom: Administrative Court in Wales – Evolution or Revolution – Judiciary of England and Wales

‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

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Pitfalls for Single Parents in Surrogacy – Family Law Week

Posted March 9th, 2015 in adoption, children, families, jurisdiction, news, surrogacy by tracey

‘Anne-Marie Hutchinson OBE, Partner, and Colin Rogerson, Solicitor Advocate, both of Dawson Cornwell, consider the options for single parents seeking legal parentage of children born through a surrogacy arrangement.’

Full story

Family Law Week, 6th March 2015

Source: www.familylawweek.co.uk

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AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted March 4th, 2015 in appeals, contracts, domicile, EC law, jurisdiction, law firms, law reports by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH [2015] EWCA Civ 143; [2015] WLR (D) 95

‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Quite like a whale – Panopticon

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

Full story

Panopticon, 24th February 2015

Source: www.panopticonblog.com

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Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by tracey

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

Full story

Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

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CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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