Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Serbian Forum Shopper in Breach of his Duty of Full and Frank Disclosure has his Privacy and Libel Action Struck Out – RPC Data and Privacy Law

‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

Full story

RPC Data and Privacy Law, 7th December 2015

Source: www.rpc.co.uk

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

Keen to leave your rich husband? Come to London, divorce capital of the world – The Guardian

Posted February 25th, 2015 in choice of forum, divorce, families, financial provision, news, women by sally

‘English law is particularly ‘fair for the financially weaker spouse’. That’s why wealthy people’s partners are keen to have their day in court in London rather than anywhere else.’

Full story

The Guardian, 24th February 2015

Source: www.guardian.co.uk

Judge condemns former Miss Malaysia’s divorce bill – Daily Telegraph

Posted March 21st, 2014 in choice of forum, costs, divorce, news by sally

A former beauty queen is seeking Britain’s biggest ever divorce payout of £500 million and is running up ‘eye-watering’ legal costs to have the case heard in London

Full story

Daily Telegraph, 20th March 2014

Source: www.telegraph.co.uk

‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

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Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

Taj Mahal Hotel injury claim allowed to proceed in English courts – UK Human Rights Blog

Posted January 27th, 2014 in choice of forum, duty of care, India, jurisdiction, news, personal injuries, terrorism by sally

‘This sad case arose out of the 2006 terrorist attack on the Taj Mahal Palace, Mumbai, India. The claimants, who had spent 15 days backpacking around Goa, decided to treat themselves to one night of luxury at the hotel before they were due to fly home from Mumbai. Shortly after the attack began the claimants hid in their room, locked the door and turned off the lights. Some hours later they tried to escape through the window. Their room was on the third floor of the tower part of the hotel. They tied together sheets, curtains and towels to make a rope. They hung it outside their room and the first claimant went first. The “rope” came apart and he fell to the ground suffering serious spinal injuries which have left him paraplegic. The second claimant was rescued subsequently. She did not suffer physical injuries but claims for continuing psychiatric consequences.’

Full story

UK Human Rights Blog, 24th January 2014

Source: www.ukhumanrightsblog.com

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World – Family Law Week

“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Rulings ‘foreshadow’ clampdown on libel tourism in imminent defamation law reforms, say experts – OUT-LAW.com

Posted October 17th, 2013 in choice of forum, defamation, news by sally

“The High Court’s refusals to hear the outcome of two defamation claims serve as a pre-cursor to stiffer rules on libel tourism, two experts have said.”

Full story

OUT-LAW.com, 16th October 2013

Source: www.out-law.com

Libel tourism at an end, say lawyers following high court rulings – The Guardian

“Lawyers have heralded the death of so-called libel tourism after the high court threw out two cases brought by wealthy foreigners over allegations published overseas.”

Full story

The Guardian, 15th October 2013

Source: www.guardian.co.uk

The verdict that finally goes against libel tourism: Fatal blow for individuals with little or no link to UK trying to bring claims – The Independent

Posted October 15th, 2013 in choice of forum, defamation, news by sally

“The use of the English courts by individuals with little or no link to the United Kingdom to bring expensive libel proceedings has been dealt a likely fatal blow after judges threw out two defamation suits brought by foreign claimants.”

Full story

The Independent, 14th October 2013

Source: www.independent.co.uk

COMI, bankruptcy tourism and forum shopping – 11 Stone Buildings

Posted February 7th, 2013 in bankruptcy, choice of forum, insolvency, jurisdiction, news by sally

“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

You Can’t Read This Book: why libel tourists love London – The Guardian

Posted January 17th, 2012 in choice of forum, defamation, freedom of expression, media, news, publishing by sally

“In an exclusive extract from You Can’t Read This Book, the Observer columnist Nick Cohen presents a damning indictment of how the English legal system helps the wealthy and powerful suppress inconvenient truths.”

Full story

The Guardian, 15th January 2012

Source: www.guardian.co.uk

Extradition row: Give British judges final say on where cases should be tried – Daily Telegraph

Posted December 5th, 2011 in choice of forum, extradition, news by sally

“British judges should be given the power to decide where cases should be tried to avoid drawn-out extradition rows, according to legal experts.”

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Daily Telegraph, 2nd December 2011

Source: www.telegraph.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Abdulla and others v Birmingham City Council: [2011] EWCA Civ 1412;  [2011] WLR (D)  342

“Where an equal pay claim under the Equal Pay Act 1970 was brought in an ordinary court within the six-year limitation period for bringing contract claims, the claim could not be struck out under section 2(3) of the 1970 Act on the grounds that it could be ‘more conveniently disposed of’ by an employment tribunal in circumstances where it was known to the court that the tribunal would have to decline jurisdiction to deal with the claim on the basis that it had been brought outside the six-month time limit for presenting an unequal pay complaint to the tribunal.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

eDate Advertising GmbH v X: Martinez and another v MGN Ltd – WLR Daily

Posted November 18th, 2011 in choice of forum, EC law, electronic commerce, law reports, privacy by tracey

eDate Advertising GmbH v X: Martinez and another v MGN Ltd; (Joined Cases C-509/09 and C-161/10);  [2011] WLR (D)  330

“Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of that content was established or before the courts of the member state in which the centre of his interests was based. Under article 3 of Directive 2000/31/EC (‘the E-Commerce Directive’) member states had to ensure that, subject to the derogations authorised in accordance with the conditions set out in article 3(4), the provider of an electronic commerce service was not made subject to stricter requirements than those provided for by the substantive law applicable in the member state in which that service provider was established.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Russian wife’s £2.85m divorce in Britain will ‘open floodgates’ – Daily Telegraph

Posted April 1st, 2011 in choice of forum, divorce, news by sally

“A Russian student has been awarded £2.8 million after an 18-month marriage in a settlement that her ex-husband’s lawyer claimed could turn Britain into the ‘divorce capital of the world’.”

Full story

Daily Telegraph, 31st March 2011

Source: www.telegraph.co.uk

Defamation Bill intended to kill off ‘libel tourism’ – The Independent

Posted March 15th, 2011 in bills, choice of forum, defamation, defences, freedom of expression, internet, news by sally

“Major changes to Britain’s antiquated defamation laws will be outlined by ministers today with the publication of a bill to provide greater protection for free speech and an end to ‘libel tourism’.”

Full story

The Independent, 15th March 2011

Source: www.independent.co.uk

New rules to discourage ‘libel tourism’ in Britain – Daily Telegraph

Posted March 14th, 2011 in choice of forum, defamation, news by sally

“The new rules will block celebrities and businessmen from bringing libel cases in this country unless they can prove that publication caused them ‘substantial harm’ in England and Wales, it is understood.”

Full story

Daily Telegraph, 14th March 2011

Source: www.telegraph.co.uk

Libel tourism is a very rare thing in UK courts, finds study – OUT-LAW.com

Posted September 2nd, 2010 in choice of forum, defamation, news by sally

“Just three out of 83 defamation cases reported in the UK in the past year involved libel tourism, according to a study. Concern about foreign residents suing foreign publishers in UK courts greatly outweighs its actual occurrence, the figures suggest.”

Full story

OUT-LAW.com, 2nd September 2010

Source: www.out-law.com