Jurisdiction after a no deal Brexit – Competition Bulletin

Posted January 23rd, 2019 in brexit, domicile, EC law, jurisdiction, news, treaties by sally

‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’

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Competition Bulletin, 22nd January 2010

Source: competitionbulletin.com

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

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Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

‘Habitual Residence’ – sloppy explanations of the law about child abduction – Transparency Project

Posted August 10th, 2018 in child abduction, domicile, news by sally

‘Mistakes in news and media coverage of the topic often fall down around the explanations of ‘habitual residence’, a term which has a particular legal meaning (and which has seen many lawyers and judges in a tangle) – and which is of crucial importance to whether a child has technically been ‘abducted’ at all, and whether they should be sent back ‘home’.’

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Transparency Project, 9th August 2018

Source: www.transparencyproject.org.uk

Do I have to pay child maintenance if my child lives abroad? – Family Law

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Domicile – what does it mean and why is it important if you are having a baby through surrogacy? – Family Law

Posted May 23rd, 2018 in domicile, news, parental responsibility, surrogacy by tracey

‘A parental order is the UK legal solution for surrogacy; it is a post-birth court order which makes the intended parents the legal parents of their child and permanently extinguishes the status of the surrogate and her spouse. Parents through surrogacy who want to be the legal parents of their child in the UK need one, wherever they live and whether their child is born in the UK or overseas.’

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Family Law, 22nd May 2018

Source: www.familylaw.co.uk

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

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Family Law, 12th April 2018

Source: www.familylaw.co.uk

EU: Brexit ‘no deal’ will hit copyright and database owners – OUT-LAW.com

Posted April 4th, 2018 in brexit, copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

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OUT-LAW, 3rd April 2018

Source: www.out-law.com

A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers

Posted November 24th, 2017 in bankruptcy, debts, domicile, news by sally

‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’

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Hardwicke Chambers, 2nd November 2017

Source: www.hardwicke.co.uk

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, brexit, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

QS v RS – WLR Daily

Posted October 31st, 2016 in adoption, children, citizenship, domicile, foreign jurisdictions, news by sally

QS v RS [2016] EWHC 2470 (Fam)

‘The parents who were British citizens adopted a child in Nepal in 2008. Neither parent was habitually resident or domiciled in Nepal at the time of the adoption, both being domiciled in the United Kingdom. The family moved to Dubai and the child was granted British citizenship. Soon afterwards the marriage broke down leading to a troubled period of dispute between the parents. The father remained living in Dubai and the mother in due course resided in the United Kingdom. The child, aged 12, resided with the father in Dubai. The mother applied, inter alia, for the recognition of the child’s foreign adoption order at common law and for a declaration under section 57 of the Family Law Act 1986 that she was the adopted child of the parents for the purposes of section 67 of the Adoption and Children Act 2002. The issue arose whether, in the light of the common law rule that an English court was not entitled to recognise a foreign adoption order unless the adopting parents were domiciled (or habitually resident) in the relevant country at the time of the adoption, there were any circumstances in which that rule did not apply or might not be applied such that a foreign adoption would be recognised in England notwithstanding that at the time of the adoption the adopters were not domiciled in that country.’

WLR Daily, 10th October 2016

Source: www.iclr.co.uk

Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

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UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

Occupation Orders: Are we there yet? – Family Law Week

Posted July 12th, 2016 in domestic violence, domicile, housing, news by sally

‘Kevin Gordon, Pupil Barrister, Coram Chambers explores the courts’ developing approach to the application and granting of occupation orders under section33 (6) and (7) of the Family Law Act 1996 as an updated summary guide to practitioners.’

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Family Law Week, 7th July 2016

Source: www.familylawweek.co.uk

Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

International Children Law Update: June 2016 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 7th June 2016

Source: www.familylawweek.co.uk

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

EU referendum: Two Britons lose EU vote legal bid – BBC News

Posted May 20th, 2016 in domicile, elections, freedom of movement, news, referendums, time limits by tracey

‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’

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BBC News, 20th May 2016

Source: www.bbc.co.uk

Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

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UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

High Court to hear British expats’ Brexit case today – Daily Telegraph

Posted April 20th, 2016 in brexit, domicile, EC law, freedom of movement, news, referendums, time limits by sally

‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’

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Daily Telegraph,

Source: www.telegraph.co.uk