Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

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No. 5 Chambers, 6th July 2015

Source: www.no5.com

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A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Insolvency–when can secondary proceedings in other member states be opened? – 11 Stone Buildings

Posted July 25th, 2015 in EC law, insolvency, jurisdiction, news, subsidiary companies by sally

‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant point to be taken from this case is that those who plan to open, or have opened, main insolvency proceedings can do little to prevent secondary proceedings being opened in another member state.’

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11 Stone Buildings, July 2015

Source: www.11sb.com

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

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The Conservative Party’s Proposals for human rights – John Wadham – UK Human Rights Blog

Posted June 3rd, 2015 in consultations, human rights, jurisdiction, news, political parties by sally

‘End the ability of the European Court of Human Rights to force the UK to change the law. Every judgement that UK law is incompatible with the Convention will be treated as advisory and we will introduce a new Parliamentary procedure to formally consider the judgement.’

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UK Human Rights Blog, 2nd June 2015

Source: www.ukhumanrightsblog.com

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Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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’).’

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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.’

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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.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

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