The Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors – International & Travel Law Blog

‘Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in Mann and this post is written by Jessica Muurman.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Erosion of state immunity in spotlight as £37m salvage case reaches Supreme Court – Law Society’s Gazette

Posted November 28th, 2023 in foreign jurisdictions, news, ships, state immunity, Supreme Court by tracey

‘A Supreme Court case brought over silver salvaged from a wartime ship sinking could have consequences for the UK’s position as a global commercial hub, a specialist lawyer has warned. In Argentum v Republic of South Africa, five Supreme Court judges will consider the case for overturning a 2022 Court of Appeal judgment which critics say erodes the principle of state immunity from interference from foreign courts.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

British woman still married to ‘prominent’ Indonesian businessman – judge rules – The Independent

Posted November 28th, 2023 in divorce, foreign jurisdictions, marriage, news by tracey

‘The estranged British wife of a “prominent” Indonesian businessman who wants a judge in England to decide how much she walks away with has won an initial round of a London divorce fight.
Deputy High Court Judge James Ewins has ruled that Monisha Mahtani, 49, is still married to husband Vivek Mahtani, 51, under English law.’

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The Independent, 27th November 2023

Source: www.independent.co.uk

UK to sign Hague Convention 2019 on cross-border enforcement of judgments – OUT-LAW.com

Posted November 27th, 2023 in dispute resolution, enforcement, foreign jurisdictions, news by tracey

‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’

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OUT-LAW.com, 24th November 2023

Source: www.pinsentmasons.com

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

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3PB, 1st September 2023

Source: www.3pb.co.uk

Tying the Knot Abroad – Family Law

Posted October 3rd, 2023 in divorce, embassies, financial provision, foreign jurisdictions, marriage, news by sally

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

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Family Law, 2nd October 2023

Source: www.familylaw.co.uk

Invalid marriages and non-qualifying ceremonies: Tousi – Law & Religion UK

Posted October 3rd, 2023 in foreign jurisdictions, landlord & tenant, marriage, news, Ukraine by sally

‘In Tousi v Gaydukova [2023] EWHC 404 (Fam), Mr Tousi was an Iranian national and Ms Gaydukova a Ukrainian: both had UK citizenship. They were married at the Iranian Embassy in Kyiv in 1997 but the marriage was not “registered” with the Ukrainian state authorities. According to Ms Gaydukova, they were well aware of the need to register and on three occasions she attempted to do so, but Mr Tousi refused to cooperate. Mr Tousi argued that “he chose not to register the marriage because he saw it as a celebratory social event in which he was uninterested”.’

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Law & Religion UK, 2nd October 2023

Source: lawandreligionuk.com

Tying the Knot Abroad – Family Law

Posted September 22nd, 2023 in foreign jurisdictions, marriage, news by tracey

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

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Family Law, 14th September 2023

Source: www.familylaw.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Global whistleblower protection laws: a comprehensive guide to legal requirements – OUT-LAW.com

Posted September 14th, 2023 in disclosure, EC law, foreign jurisdictions, news, whistleblowers by tracey

‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

British academic asks Foreign Office for formal apology over failure to spot torture during his detention in UAE – The Independent

‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’

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The Independent, 4th August 2023

Source: www.independent.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

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Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

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Cloisters, 14th July 2023

Source: www.cloisters.com

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

Admissibility of foreign convictions in proceedings under the Children Act 1989 – Family Law Week

‘Samuel Arksey, a pupil barrister at Senate House Chambers considers the admissibility of foreign convictions in proceedings under the Children Act 1989.’

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Family Law Week, 15th March 2023

Source: www.familylawweek.co.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Legal services exemption in ‘foreign agents’ clampdown – Law Society’s Gazette

‘Providers of legal services will be exempt from requirements to register as agents of a foreign power under proposed security legislation, the government revealed today. It was announcing the introduction of the Foreign Influence Registration Scheme under an amendment to the National Security Bill.’

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Law Society's Gazette, 18th October 2022

Source: www.lawgazette.co.uk

Case Preview: Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor – UKSC Blog

‘In this post, Grant Arnold, a paralegal in the litigation team at CMS, previews the decision awaited from the Supreme Court in Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor.’

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UKSC Blog, 17th October 2022

Source: ukscblog.com

Babies, bodies and borders: the risks and rise of surrogacy – Family Law

Posted September 2nd, 2022 in children, families, foreign jurisdictions, news, surrogacy by tracey

‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’

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Family Law, 1st September 2022

Source: www.familylaw.co.uk

Rwanda asylum deal not legally binding: Law Society – Law Society’s Gazette

Posted August 30th, 2022 in asylum, foreign jurisdictions, human rights, Law Society, news, Rwanda by tracey

‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’

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Law Society's Gazette, 30th August 2022

Source: www.lawgazette.co.uk