‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’
39 Essex Chambers, 9th July 2024
Source: www.39essex.com
‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’
OUT-LAW.com, 4th July 2024
Source: www.pinsentmasons.com
‘The Vatican has gone on trial in an English court for the first time, accused of subjecting a British businessman to “incoherent and confused” allegations over a London property deal.’
The Guardian, 26th June 2024
Source: www.theguardian.com
‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’
5RB, 20th June 2024
Source: www.5rb.com
‘In extradition proceedings, questions may arise relating to the requested person’s purported deliberate absence from a criminal trial. In March, the UK Supreme Court (UKSC) handed down two decisions which clarify important tests to be met in these circumstances.’
Law Society's Gazette, 14th June 2024
Source: www.lawgazette.co.uk
‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’
BBC News, 24th April 2024
Source: www.bbc.co.uk
‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’
Law Society's Gazette, 19th April 2024
Source: www.lawgazette.co.uk
‘The Solicitors Regulation Authority (SRA) has withdrawn all its allegations against a solicitor and non-lawyer after the Foreign Office advised against taking evidence remotely from a crucial witness in Dubai without permission from the UAE government.’
Legal Futures, 9th April 2024
Source: www.legalfutures.co.uk
‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’
UK Human Rights Blog, 9th March 2024
Source: ukhumanrightsblog.com
‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’
Wilberforce Chambers, 22nd February 2024
Source: www.wilberforce.co.uk
‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.co.uk
‘The Law Commission of England and Wales has opened a new project to examine how questions on the application of private international law should be answered in the context of disputes over digital assets or electronic trade documents.’
OUT-LAW.com, 29th February 2024
Source: www.pinsentmasons.com
‘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.’
International & Travel Law Blog, 29th November 2023
‘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.’
Law Society's Gazette, 27th November 2023
Source: www.lawgazette.co.uk
‘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.’
The Independent, 27th November 2023
Source: www.independent.co.uk
‘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.’
OUT-LAW.com, 24th November 2023
Source: www.pinsentmasons.com
‘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.’
3PB, 1st September 2023
Source: www.3pb.co.uk
‘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?’
Family Law, 2nd October 2023
Source: www.familylaw.co.uk
‘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”.’
Law & Religion UK, 2nd October 2023
Source: lawandreligionuk.com
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