A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

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Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

Much still to do, says litigation investor after breast implant case progress – Litigation Futures

‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’

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Litigation Futures, 21st May 2021

Source: www.litigationfutures.com

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

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Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

Brexit will ‘renew vigour’ in common law heritage, says Supreme Court judge – Law Society’s Gazette

Posted April 21st, 2021 in brexit, foreign jurisdictions, judges, news by tracey

‘Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.’

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Law Society's Gazette, 20th April 2021

Source: www.lawgazette.co.uk

The Cab Rank Rule: English Barristers in Foreign Courts – 3 Hare Court

Posted March 5th, 2021 in barristers, chambers articles, foreign jurisdictions, news by sally

‘When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas.’

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3 Hare Court, 26th February 2021

Source: www.3harecourt.com

UK failed to inform EU countries about almost 200 killers and rapists – The Guardian

‘The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

Man who sent antisemitic tweets on holiday avoids UK prosecution – The Guardian

Posted February 24th, 2021 in bills, foreign jurisdictions, internet, Judaism, malicious communications, news, racism by sally

‘A trainee teacher has avoided a criminal record for sending antisemitic tweets to a Jewish journalist because he was on holiday abroad at the time, with the judge declaring that “the law prohibits me from punishing you”.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

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The Guardian, 15th December 2020

Source: www.theguardian.com

The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers

‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’

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Hardwicke Chambers, 2nd December 2020

Source: hardwicke.co.uk

Harry Dunn’s family can appeal against High Court ruling – BBC News

‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

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