Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland? – Hardwicke Chambers

Posted July 26th, 2016 in arbitration, contracts, jurisdiction, news by sally

‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’

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Hardwicke Chambers, 18th July 2016

Source: www.hardwicke.co.uk

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Finance & Divorce Update, July 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 June 2016.’

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Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

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JR jurisdiction ‘disadvantage’ for criminal cases – Law Society’s Gazette

‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’

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Law Society’s Gazette, 19th July 2016

Source: www.lawgazette.co.uk

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Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II – Family Law Week

‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

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A judge by any other name would smell… much the same – Hardwicke Chambers

‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’

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Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

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Once a Professional, Always a Professional – Littleton Chambers

‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

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Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

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Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

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The Independent, 5th July 2016

Source: www.independent.co.uk

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A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily

A Local Authority v D and others [2016] EWHC 1438 (Fam)

‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening)

‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’

WLR Daily, 29th June 2015

Source: www.iclr.co.uk

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Appeal judges rule on remedy for discrimination in student work placements – Local Government Lawyer

Posted July 1st, 2016 in appeals, county courts, jurisdiction, news, sex discrimination by tracey

‘The Court of Appeal has filled a gap in employment law governing student work placements. It found that legislation left university and college students no remedy if they suffered discrimination during their vocational training placements.’

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Local Government Lawyer, 1st July 2016

Source: www.localgovernmentlawyer.co.uk

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Re D (A Child): a decision of its time? – Family Law Week

Posted July 1st, 2016 in children, custody, divorce, EC law, enforcement, jurisdiction, news, Supreme Court by tracey

‘Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.’

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Family Law Week, 30th June 2016

Source: www.familylawweek.co.uk

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And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part I – Family Law Week

Posted June 24th, 2016 in children, family courts, jurisdiction, news by tracey

‘Alex Laing, barrister of Coram Chambers, considers the interrelationship of the inherent jurisdiction and secure accommodation.’

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Family Law week, 22nd June 2016

Source: www.familylawweek.co.uk

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Finance & Divorce Update June 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 May 2016.’

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Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

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Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

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Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

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Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’

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Competition Bulletin from Blackstone Chambers, 9th June 2016

Source: www.competitionbulletin.com

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R+V Versicherung AG v Robertson & Co SA – WLR Daily

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

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Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com

Posted June 9th, 2016 in arbitration, jurisdiction, news, tribunals by sally

‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’

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OUT-LAW.com, 8th June 2016

Source: www.out-law.com

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Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and another – WLR Daily

Posted June 8th, 2016 in arbitration, contracts, jurisdiction, law reports, service, third parties by sally

Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and another [2016] EWHC 1118 (Comm)

‘The charterer engaged a third party company to arrange contracts which would be concluded in the charterer’s name but performed by the third party. Through the third party, the charterer entered into a contract of affreightment with the owner. The principal contact point between the owner and the charterer was a junior employee at the third party company. When a dispute arose the owner appointed an arbitrator and e-mailed their notice of arbitration to the third party’s employee, calling on the charterer to appoint their arbitrator. The charterer having not responded, the owner’s arbitrator, in accordance with the terms of the contract, proceeded as the sole arbitrator and made an award in favour of the owner. The charterer applied, pursuant to section 72(1)(b)(c) of the Arbitration Act 1996, for a declaration that the award had been made without jurisdiction, on the ground that the third party’s employee had not had authority to accept service of notice of commencement of arbitration proceedings on the charterer’s behalf and that service on him had not been in accordance with section 76 of the 1996 Act. The owner contended that the employee had had actual implied authority and/or ostensible authority to receive notice of arbitration on the charterer’s behalf.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

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