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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

Human rights legislation in the UK: a cut-out-and-keep guide – The Guardian

Posted September 1st, 2014 in EC law, elections, human rights, jurisdiction, news, parliament, prisons by sally

‘Ever wondered what the difference is between the human rights convention and the Human Rights Act? This may help.’

Full story

The Guardian, 1st September 2014

Source: www.guardian.co.uk

Comments Off

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

Comments Off

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.’

Full story

Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

Comments Off

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

Comments Off

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.’

Full story

Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off