Litigators evenly split on impact of Brexit – Litigation Futures

‘Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found.’

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Litigation Futures, 31st July 2017

Source: www.litigationfutures.com

Paedophile who encouraged abuse of boy in America jailed – Crown Prosecution Service

‘A paedophile who encouraged the abuse of a young boy in America from his computer in Wales has been jailed today (July 12).’

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Crown Prosecution Service, 12th July 2017

Source: www.cps.gov.uk

Nicholas Goodfellow on Challenging the Enforcement of Foreign Arbitral Awards – Littleton Chambers

‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’

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Littleton Chambers, 19th June 2017

Source: www.littletonchambers.com

The UK Jurisdictions After 2019 – Sir Geoffrey Vos, Chancellor of the High Court

The UK Jurisdictions After 2019 (PDF)

Sir Geoffrey Vos, Chancellor of the High Court

Lecture to the Faculty of Advocates, 20th June 2017

Source: www.judiciary.gov.uk

Rise in anti money laundering inquiries poses challenge for banks, says expert – OUT-LAW.com

‘Requests from foreign authorities for the UK’s assistance in anti money laundering (AML) investigations rose last year to record levels.’

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OUT-LAW.com, 12th June 2017

Source: www.out-law.com

Implementing the GDPR in the UK: lessons from Germany? – Panopticon

Posted May 10th, 2017 in data protection, EC law, foreign jurisdictions, news, regulations by sally

‘As we all know, the GDPR is all about the harmonisation of data protection across Europe – hence its form as a regulation (directly effective) rather than a directive (domestic implementing legislation needed). Yes, but: the GDPR leaves an awful lot to member states to implement. For example: exemptions to data subjects’ rights, mechanisms for reconciling data protection and freedom of expression, and the machinery of enforcement by supervisory authorities. Until we have domestic implementing legislation, we can’t fully understand how data protection will work after 25 May 2018.’

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Panopticon, 9th May 2017

Source: www.panopticonblog.com

Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

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UK Constitutional Law Association, April 2017

Source: www.ukconstitutionallaw.org

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

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OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court

Posted April 6th, 2017 in company law, foreign jurisdictions, legislation, news by sally

‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘

Full story (PDF)

Six Pump Court, 3rd April 2017

Source: www.6pumpcourt.co.uk

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Parental Alienation – learning from other jurisdictions and other disciplines – Family Law Week

Posted March 20th, 2017 in contact orders, families, foreign jurisdictions, news by tracey

‘Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.’

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Family Law Week, 19th March 2017

Source: www.familylawweek.co.uk

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

‘Divided by a common language: American and British perspectives on constitutional law.’

Full speech

Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk

Where in Europe a man and woman can get a civil partnership – BBC News

Posted February 23rd, 2017 in civil partnerships, foreign jurisdictions, news by sally

‘People in the UK have been wondering where in Europe opposite-sex couples can choose civil partnership over marriage after a British heterosexual couple lost their legal fight to choose civil union.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

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The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

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Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

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

‘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.’

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OUT-LAW.com, 13th February 2017

Source: www.out-law.com

UK foreign aid fraud investigations ‘quadruple in last five years’ – The Guardian

Posted February 9th, 2017 in bribery, charities, foreign jurisdictions, fraud, news, reports by sally

‘Fraud investigations involving foreign aid have quadrupled over five years as more public money is given to “fragile” countries, Whitehall’s spending watchdog has found.’

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The Guardian, 9th February 2017

Source: www.guardian.co.uk

DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

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Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk

Criminals fleeing British justice can no longer use Cyprus as a safe haven, judges rule, in landmark decision – Daily Telegraph

‘Fugitives from British justice cannot use Northern Cyprus to dodge punishment for their crimes, High Court judges have ruled in a landmark decision.’

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Daily Telegraph, 3rd February 2017

Source: www.telegraph.co.uk