Prince Harry loses initial attempt to appeal against security ruling – The Guardian

Posted April 16th, 2024 in appeals, costs, domicile, judicial review, news, police, royal family by tracey

‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’

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The Guardian, 15th April 2024

Source: www.theguardian.com

Britons living abroad regain right to vote in UK elections as 15-year rule ends – The Guardian

Posted January 16th, 2024 in domicile, elections, news, time limits by tracey

‘An estimated 3 million Britons living abroad for more than 15 years will regain their right to vote in all elections in the UK from Tuesday, ending 20 years of broken promises by successive UK governments.’

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The Guardian, 16th January 2024

Source: www.theguardian.com

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Surrogacy Arrangements and Parental Orders: Where Are We Now? – Family Law Week

Posted October 11th, 2022 in consent, domicile, news, parental responsibility, surrogacy, time limits by tracey

‘Bianca Jackson, Barrister at Coram Chambers considers the most important news and case law relating to Surrogacy Arrangements and Parental Orders.’

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Family Law Week, 5th October 2022

Source: www.familylawweek.co.uk

Three million dead can be part of Mastercard action – Law Society’s Gazette

Posted March 10th, 2022 in class actions, consumer credit, domicile, fees, financial regulation, news, ombudsmen by tracey

‘Around three million now-dead people can continue to be part of a mammoth group action against Mastercard after the Competition Appeal Tribunal today ruled that anyone living in the UK when the claim form was filed should be part of the class.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 – Pump Court Chambers

Posted November 24th, 2020 in bereavement, domicile, estoppel, married persons, matrimonial home, news by sally

‘It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for Family and Dependants) Act 1975 will usually provide a remedy. But where, as here, the deceased is not domiciled in England and Wales the 1975 Act does not apply and an interesting point arises. The trial judge had found that there had been repeated representations to the effect that the wife might live in the property for so long as she wished made over a period of more than 20 years. The wife had reasonably relied upon those representations (understandably so one might think). However, the estate argued that the wife’s long “rent-free” occupation of the property owned by her husband counted as a “countervailing benefit” which the court was obliged to weigh in the balance and might mitigate or extinguish her equity. Such a countervailing benefit has been taken into account in the case of a licensee who harvests a crop (Henry v Henry [2010] UKPC 3) of a live-in carer paying no rent (Jennings v Rice [2002] EWCA 159) and of a son-in-law paying no rent to his parents-in-law after the death of his wife (Sledmore v Dalby (1996) 72 P & CR 196). In the latter case the benefit was sufficient wholly to extinguish the equity.’

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Pump Court Chambers, 20th November 2020

Source: www.pumpcourtchambers.com

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

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Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB

‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’

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3PB, 6th May 2020

Source: www.3pb.co.uk

Weinstein director “must comply” with disclosure order – Litigation Futures

‘A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.’

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Litigation Futures, 7th May 2020

Source: www.litigationfutures.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

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