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 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

The Applicable Standard of Care in Cases Involving Medical Negligence Abroad – Ropewalk Clinical Negligence Blog

‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).

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Ropewalk Clinical Negligence Blog, 18th August 2022

Source: www.ropewalk.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

“No claim is unmanageable”: Court of Appeal reinstates huge group action – Legal Futures

Posted July 11th, 2022 in appeals, class actions, damages, foreign jurisdictions, news, pollution by tracey

‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

New regulations solve cross-border hybrid hearing issues – OUT-LAW.com

Posted July 1st, 2022 in foreign jurisdictions, news, remote hearings, video recordings by tracey

‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’

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OUT-LAW.com, 1st July 2022

Source: www.pinsentmasons.com

Why did the Depp-Heard libel outcomes differ in the US and UK? – The Guardian

Posted June 6th, 2022 in defamation, domestic violence, foreign jurisdictions, internet, juries, news by tracey

‘Analysis: Specialist lawyers, a jury trial, social media and targeting Heard all helped Depp win in Virginia.’

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The Guardian, 2nd June 2022

Source: www.theguardian.com

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Overseas pensions and divorce – Family Law

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

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Family Law, 28th March 2022

Source: www.familylaw.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

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The Guardian, 8th February 2022

Source: www.theguardian.com

Research briefing: LGBT+ rights and issues in the Caribbean – House of Commons Library

‘This briefing focuses on LGBT+ rights and issues in seven Caribbean states: Antigua and Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica and St Lucia.’

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House of Commons Library , 27th January 2022

Source: commonslibrary.parliament.uk

UK sets global transparency standard for asset returns – Home Office

‘The UK is the first country to publish its policy and principles on international asset returns.’

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Home Office, 13th January 2022

Source: www.gov.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

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Littleton Chambers, 7th October 2021

Source: littletonchambers.com

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

Financial Remedy Update, October 2021 – Family Law Week

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

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Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

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