Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by tracey

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

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Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

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Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

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OUT-LAW.com, 7th August 2014

Source: www.out-law.com

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FCA succeeds in reversing stay in Operation Cotton trial – The Lawyer

Posted May 22nd, 2014 in appeals, financial regulation, fraud, news, stay of proceedings, trials by sally

‘The Financial Conduct Authority (FCA) has won its appeal against the stay in the high-cost fraud trial known as Operation Cotton, with the Court of Appeal (CoA) ruling that proceedings should resume.’

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The Lawyer, 21st May 2014

Source: www.thelawyer.com

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In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014

Source: www.iclr.co.uk

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Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

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Global Witness and the journalism exemption: ICO to have the first go? – Panopticon

Posted May 2nd, 2014 in data protection, news, rectification, stay of proceedings by tracey

‘Panopticon has previously reported on the novel and important data protection case Steinmetz and Others v Global Witness [2014] EWHC 1186 (Ch). The High Court (Henderson J) has now given a judgment on a procedural point which will set the shape for this litigation.’

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Panopticon, 30th April 2014

Source: www.panopticonblog.com

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Operation Cotton – what next? – Halsbury’s Law Exchange

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

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Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

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Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

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Litigation Futures, 21st February 2014

Source: www.litigationfutures.com

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Judge orders UK ban of one HTC device but stays decision on ban of another – OUT-LAW.com

Posted December 5th, 2013 in intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘An HTC mobile device will be banned from sale in the UK after Friday afternoon unless the company wins the right to appeal against the imposition of that ban on that timescale.’

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OUT-LAW.com, 5th December 2013

Source: www.out-law.com

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IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by tracey

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

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Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com

‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’

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OUT-LAW.com, 21st November 2013

Source: www.out-law.com

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Sex in the IPT – Panopticon

Posted November 12th, 2013 in appeals, investigatory powers, news, police, stay of proceedings, tribunals by tracey

“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”

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Panopticon, 8th November 2013

Source: www.panopticonblog.com

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Finance and Divorce November 2013 Update – Family Law Week

Posted November 8th, 2013 in civil partnerships, divorce, financial provision, news, stay of proceedings by tracey

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in October.”

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Family Law Week, 7th November 2013

Source: www.familylawweek.co.uk

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Sexual liaisons by undercover police officers could be authorised by RIPA – UK Human Rights Blog

Posted November 7th, 2013 in appeals, investigatory powers, news, police, stay of proceedings by tracey

“AJA and others v Commissioner of Police for the Metropolis [2013] EWCA Civ 1342. The words ‘personal or other relationship’ in the section 26(8)(a) Regulation of Investigatory Powers Act 2000 included intimate sexual relationships so that the Investigatory Powers Tribunal had jurisdiction to hear the appellants’ claims that their human rights had been violated by undercover police officers who had allegedly had sexual relationships with them.”

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UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

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Mittal v Mittal – WLR Daily

Mittal v Mittal: [2013] EWCA Civ ;   [2013] WLR (D)  391

“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

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