Family Law Newsletter #41 – Spire Barristers

‘Issue #41 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, 19th November 2020

Source: spirebarristers.co.uk

Covid-19: Assisted dying travel allowed during lockdown, says Hancock – BBC News

‘People travelling abroad for the purpose of assisted dying will not be breaking coronavirus travel rules, the health secretary has said.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

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Littleton Chambers, 9th October 2020

Source: littletonchambers.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

High Court rejects challenge to foreign in-house lawyers’ privilege – Legal Futures

Posted September 14th, 2020 in foreign jurisdictions, law firms, legal profession, legal services, news, privilege by tracey

‘Legal advice privilege extends to communications with foreign lawyers working in-house even if they are not recognised or regulated as “professional lawyers”, the High Court has ruled.’

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Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

UK supreme court ruling clears way for Isis pair to be tried in US – The Guardian

‘A US trial of two members of Islamic State accused of taking part in the beheading of hostages appears likely to go ahead, following a legal ruling that allows the UK to share evidence with US prosecutors.’

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The Guardian, 26th August 2020

Source: www.theguardian.com

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

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5SAH, 27th July 2020

Source: www.5sah.co.uk

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

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5SAH, 2nd July 2020

Source: www.5sah.co.uk

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

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Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Commercial litigation dipped before lockdown – Litigation Futures

Posted June 1st, 2020 in Commercial Court, coronavirus, foreign jurisdictions, news, statistics by sally

‘Litigation in London’s commercial courts dipped before the UK lockdown at the end of March, new figures have revealed.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy – UK Constitutional Law Association

‘This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019 (US-UK Agreement). It provides a quicker alternative for law enforcement seeking access to electronic data overseas, beyond the existing mutual legal assistance (MLA) process, which operates through MLA treaties (MLATs) and other mechanisms. However, while the CLOUD Act regime has an admirable aim, its implementation weakens the UK’s existing death penalty assurances policy and thus risks exposing the UK and others to significant liability, as discussed below.’

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UK Constitutional Law Association, 1st June 2020

Source: ukconstitutionallaw.org

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com