Conall Mallory: Beyond Fantasy Island: The British solution to the extraterritorial conundrum – UK Constitutional Law Association

‘Addressing the extraterritorial application of the ECHR has emerged as one of the priorities in the UK Government’s pursuit of ‘updating’ human rights law. In recent months, the outline of an ostensible solution to the challenge posed by extraterritorial obligations has taken shape. In December, Justice Secretary Dominic Raab stated the issue was one the Government would “seek to address with partners in Strasbourg”. The Independent Human Rights Act Review (IHRAR) took a similar approach, suggesting a settlement at the Council of Europe, augmented by judicial dialogue. Simultaneously the Ministry of Justice consultation on replacing the HRA with a Bill of Rights sought input on how best to take the issue forward for a state-based solution. At the end of February Robert Buckland, the former Justice Secretary, gave a lecture where he called upon the government to take the issue to Strasbourg for a new protocol.’

Full Story

UK Constitutional Law Association, 16th March 2022


Knowing where your data is processed in the cloud not central to exercising control over it, says expert –

‘It should not be obligatory for banks in the UK to pre-agree where their data will be processed and stored when contracting with cloud service providers.’

Full story, 13th February 2017


UK spying laws: Government introduces law requiring WhatsApp and iMessage to break their own security – The Independent

‘The draft Investigatory Powers Bill, or Snoopers’ Charter, keeps a provision that weakening of security will only happen in cases where it is ‘practicable’, but that could still allow the Government to outlaw many of the most popular chat services as they currently exist.’

Full story

The Independent, 1st March 2016


FGM law expanded to cover foreign nationals habitually resident in UK – The Guardian

‘The law criminalising female genital mutilation is to be strengthened so the ban can be enforced against foreign nationals deemed to be “habitually resident” in the UK.’

Full story

The Guardian, 4th June 2014


Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

Full story

Halsbury’s Law Exchange, 20th May 2014


Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014


The Extraterritorial Application of the European Convention on Human Rights – Speech by Lord Dyson, Master of the Rolls

Posted February 3rd, 2014 in extraterritoriality, human rights, jurisdiction, speeches by tracey

‘A State’s sovereignty is understood by reference to a geographical territory and jurisdiction is understood by reference to a State’s authority over persons within that territory. The primarily territorial perspective of jurisdiction must also be understood against the background of the historical period in which many international treaties, including the Convention, were written. In the post-WWII era, jurisdiction was a tool to allocate competency among fiercely independent and volatile nation States. In the minds of the drafters of such conventions, if one State assumed extraterritorial jurisdiction then it would, necessarily, encroach upon another State’s jurisdiction.’

Full speech

Judiciary of England and Wales, 30th January 2014


Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) [2013] EWCA Civ 968; [2013] WLR (D) 333

“The knowledge of a fraud perpetrated by a director by means of a company was not to be attributed to that company when it sought to recover losses which the company itself had suffered as a result of the fraud, even where the director was the sole director and shareholder of the company. In those circumstances the director could not rely on the maxim ex turpi causa non oritur actio to defeat the claim.”

WLR Daily, 31st July 2013


International legal aid: private conscience and public duty – LegalVoice

“Lindsay Sandiford, the British woman sentenced to death for smuggling just under five kilos of cocaine into Bali, has obtained sufficient funds to appeal, writes Roger Smith.”

Full story

LegalVoice, 12th February 2013


No cash from the UK to avoid Indonesian firing squad – UK Human Rights Blog

“In this highly publicised case, the Administrative Court has come up with some firm criteria for the scope of the Convention’s protective reach for UK citizens abroad. The judgment is also something of a body blow for those who are looking to the EU Charter of Fundamental Rights and Freedoms for a wider human rights umbrella.”

Full story

UK Human Rights Blog, 8th February 2013


Bali drugs: UK government accused of breaching Lindsay Sandiford’s rights – The Guardian

“The government’s failure to provide an ‘adequate’ lawyer to represent a British woman sentenced to death in Indonesia for drug smuggling is a breach of her rights, the high court has been told.”

Full story

The Guardian, 31st January 2013


Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) [2012] UKSC 35; [2012] WLR (D) 238

“A disclosure order obtained in civil recovery proceedings did not authorise sending information notices to persons who were outside the United Kingdom.”

WLR Daily, 25th July 2012


Bilta (UK) Ltd (in liquidation) and others v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others [2012] EWHC 2163 (Ch); [2012] WLR (D) 236

“Section 213 of the Insolvency Act 1986 had extraterritorial effect. Sir Andrew Morritt C so held in the Chancery Division when dismissing the application by the sixth defendant Jetivia SA (‘Jetivia’), a company incorporated in Switzerland, and the seventh defendant, its sole director Urs Brunschweiler (‘B’), seeking orders that the claim by the second and third claimants, Kevin John Hellard and David Anthony Ingram, the liquidators of the first claimant, Bilta (UK) Ltd (‘Bilta’), alleging that the defendants had conspired to injure and defraud Bilta and were knowingly parties to the carrying on of the business of Bilta with intent to defraud the creditors of Bilta and other fraudulent purposes, should be summarily dismissed. Save for the ninth defendant, only Jetivia and B were now participating in the proceedings.”

WLR Daily, 30th July 2012


Israeli fraudster fights UK attempt to seize assets – The Independent

Posted March 19th, 2012 in assets recovery, extraterritoriality, fraud, Israel, news, theft by sally

“A jailed lawyer who defrauded Holocaust survivors out of tens of millions of pounds will ask the Supreme Court tomorrow to block an attempt by British police to seize his multimillion-pound assets. In a landmark case, the convicted fraudster Israel Perry is claiming the Serious and Organised Crime Agency (Soca) has no powers to confiscate his luxury homes and valuable art collection in the UK and elsewhere in the world.”

Full story

The Independent, 18th March 2012


Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Serious Organised Crime Agency v Perry and others (No 2) [2011] EWCA Civ 578;  [2011] WLR (D)  164

“A court in England and Wales had the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside the jurisdiction, whether moveable or immoveable.”

WLR Daily, 18th May 2011


Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Serious Organised Crime Agency v Perry – WLR Daily

Posted August 2nd, 2010 in appeals, extraterritoriality, law reports, notification, proceeds of crime by sally

Serious Organised Crime Agency v Perry [2010] EWCA Civ 907; [2010] WLR (D) 213

“An information notice served on the London address of persons not in the United Kingdom at the time of service was validly served for the purposes of recovery proceedings under the Proceeds of Crime Act 2002.”

WLR Daily, 30th July 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Office of Fair Trading v Lloyds TSB Bank plc and Others – Times Law Reports

Posted November 12th, 2007 in consumer credit, consumer protection, extraterritoriality, law reports by sally

Credit card protection is extra-territorial

Office of Fair Trading v Lloyds TSB Bank plc and Others

House of Lords

“The right of consumers to hold United Kingdom credit card companies liable for a breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

The Times, 12th November 2007


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.