Financial Remedy & Divorce Update, June 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’

Full Story

Family Law Week, 20th June 2019

Source: www.familylawweek.co.uk

Principles for lawyers dealing with offshore structures published – Legal Futures

‘International standards for lawyers advising on offshore commercial structures have been put forward at the same time as parliamentarians called for stronger laws on foreign ownership of UK property.’

Full Story

Legal Futures, 20th May 2019

Source: www.legalfutures.co.uk

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

Full Story

UKSC Blog, 10th April 2019

Source: ukscblog.com

What Happens When A Solicitor Provides The Client With No Guidance As To Costs? – 39 Essex Chambers

Posted March 13th, 2019 in costs, foreign jurisdictions, murder, news, notification, solicitors by sally

‘You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. The client’s son denied any involvement.’

Full Story

39 Essex Chambers, 25th February 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Getting home: how can Britons serving sentences overseas transfer to a British prison? – Doughty Street Chambers

‘The Ministry of Justice recently updated its guidance for UK nationals who are serving sentences in prisons overseas, and who may wish to serve the remainder of their sentences in the UK. You can read that guidance by clicking here. But what are the conditions which must be met, and what are the practical steps which might be taken to help a UK national serve the remainder of their sentence in their own country? Christopher Sykes from our Criminal Law and Appeals Team looks at how to go about achieving this.’

Full Story

Doughty Street Chambers, 5th February 2019

Source: insights.doughtystreet.co.uk

Court of Appeal says no to indefinite delay to insolvency case – OUT-LAW.com

Posted January 18th, 2019 in appeals, debts, delay, foreign jurisdictions, insolvency, news, Supreme Court by tracey

‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’

Full Story

OUT-LAW.com, 17th January 2019

Source: www.out-law.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog

‘(ii) Undue Harshness

Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’

Full Story

UKSC Blog, 9th November 2018

Source: ukscblog.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog

‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’

Full Story

UKSC Blog, 9th November 2018

Source: ukscblog.com

High Court to look at case of alleged Isis duo who may face execution in US – The Guardian

Posted October 8th, 2018 in death penalty, foreign jurisdictions, news, prosecutions, terrorism by sally

‘The British government’s decision to co-operate with US authorities over the prosecution of two alleged Islamic State executioners without assurances that they will not face the death penalty, is to be challenged in the high court on Monday.’

Full Story

The Guardian, 8th October 2018

Source: www.theguardian.com

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

Full Story

Family Law, 28th August 2018

Source: www.familylaw.co.uk

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

Full Story

Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity – Oxford Human Rights Hub

‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’

Full Story

Oxford Human Rights Hub, 24th July 2018

Source: ohrh.law.ox.ac.uk

UK may face legal challenge over US extradition of Isis pair – The Guardian

‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’

Full Story

The Guardian, 24th July 2018

Source: www.theguardian.com

The CoA finds that a bank was contractually entitled to comply with foreign court orders – OUT-LAW.com

Posted June 27th, 2018 in banking, contracts, foreign jurisdictions, freezing injunctions, news by tracey

‘The Court of Appeal (CoA) has dismissed an appeal in which the Republic of Kazakhstan (RoK) and its national bank argued that their custodian bank, Bank of New York Mellon (BNYM), had acted in breach of contract by freezing their assets in accordance with foreign court orders.’

Full Story

OUT-LAW.com, 26th June 2018

Source: www.out-law.com

Do I have to pay child maintenance if my child lives abroad? – Family Law

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

Full Story

Family Law, 21st June 2018

Source: www.familylaw.co.uk

Chloe Ayling ‘vindicated’ over kidnapper’s conviction – BBC News

Posted June 12th, 2018 in foreign jurisdictions, forgery, kidnapping, news, sentencing by sally

‘Model Chloe Ayling says she feels “vindicated” after the man she accused of kidnapping her was convicted and jailed for almost 17 years.’

Full Story

BBC News, 11th June 2018

Source: www.bbc.co.uk

Foreign pre-nup, English divorce? What’s the deal? – Family Law

Posted June 8th, 2018 in divorce, foreign jurisdictions, news, prenuptial agreements by sally

‘It is not at all uncommon for international couples who marry abroad to have entered into a pre-nuptial agreement or a ‘matrimonial property regime’. Pre-nuptial agreements are indeed commonplace in many countries which treat these documents as binding and legally enforceable agreements. But what happens when a foreign pre-nup finds its way to the English divorce courts?’

Full Story

Family Law, 6th June 2018

Source: www.familylaw.co.uk

Brexit implications for family law analysed in panel discussion at European Parliament – Family Law

Posted May 21st, 2018 in brexit, divorce, EC law, families, family courts, foreign jurisdictions, news by sally

‘Four family law experts took part in a panel discussion at the European Parliament yesterday to discuss the implications for family law of the UK leaving the EU.’

Full Story

Family Law, 18th May 2018

Source: www.familylaw.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

Full Story

OUT-LAW.com, 3rd May 2018

Source: www.out-law.com