Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

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5 SAH, 20th February 2020

Source: www.5sah.co.uk

Can Prince Andrew be forced to testify? – BBC News

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Child sex abusers like Gary Glitter must be banned from travelling abroad to commit further attacks, inquiry concludes – Daily Telegraph

‘Child sex abusers such as Gary Glitter – who was free to travel to Asia to attack young girls – must be banned from travelling abroad to commit further attacks, a government-ordered inquiry has warned.’

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Daily Telegraph, 9th January 2020

Source: www.telegraph.co.uk

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

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Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Report calls for more support for relatives of Britons murdered abroad – The Guardian

‘Bereaved families who lose a loved one to homicide overseas deserve far more support from the Foreign Office (FCO) and other agencies, a report by the victims’ commissioner for England and Wales urges.’

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The Guardian, 23rd October 2019

Source: www.theguardian.com

UK and US sign landmark Data Access Agreement – Home Office

‘Home Secretary Priti Patel last night (Thursday 3 October) signed an historic agreement that will enable British law enforcement agencies to directly demand electronic data relating to terrorists, child sexual abusers and other serious criminals from US tech firms.’

FUll press release

Home Office, 4th October 2019

Source: www.gov.uk/home-office

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’

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Law Society's Gazette, 1st October 2019

Source: www.lawgazette.co.uk

HMRC faces legal fight for handing Britons’ data to US tax officials – The Guardian

‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’

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The Guardian, 12th September 2019

Source: www.theguardian.com

Service by Whatsapp? – Family Law

‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’

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Family Law, 4th September 2019

Source: www.familylaw.co.uk

Court cannot deviate from six month limit for cross-border merger certificates – OUT-LAW.com

Posted September 5th, 2019 in EC law, foreign companies, foreign jurisdictions, jurisdiction, mergers, news, time limits by tracey

‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’

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OUT-LAW.com, 4th September 2019

Source: www.pinsentmasons.com

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

Special Guardianship Orders and Overseas Placements – Family Law Week

Posted July 25th, 2019 in children, foreign jurisdictions, guardianship, news, placement orders by tracey

‘Maria Wright, PhD Candidate at the University of Bristol, and solicitor, highlights some of the challenges associated with placing children under SGOs overseas and asks whether such placements warrant a distinct form of legal framework tailored to meet their specific needs.’

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Family Law Week, 19th July 2019

Source: www.familylawweek.co.uk

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.’

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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.’

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Legal Futures, 20th May 2019

Source: www.legalfutures.co.uk