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.’

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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.’

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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.’

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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?’

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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 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.’

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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.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Foreign assets: should you try to cover everything under one will? – Family Law

Posted April 18th, 2018 in foreign jurisdictions, news, wills by sally

‘If you own assets in more than one jurisdiction, should you try to cover everything under one will, or should you have a separate will in each jurisdiction?’

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Family Law, 17th April 2018

Source: www.familylaw.co.uk

Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

The case of Re X (A Child – foreign surrogacy) – the distracting power of ‘sex’ – but what does it really tell us? – Family Law

Posted April 4th, 2018 in foreign jurisdictions, marriage, news, surrogacy by sally

‘The legal media was quick to jump on the case of Re X (A Child – Foreign Surrogacy) [2018] EWFC 15) to highlight the reference in Sir James Munby’s judgment to the sexual relationship (or rather, the lack of one) in the marriage between the two applicants in this case of a parental order application following a surrogacy arrangement. Very little information as to the parties’, their child’s or their surrogate’s personal circumstances is given in the judgment, although those wishing for details will no doubt have been left reeling for more from the information that was given: the parties are married yet one is gay (the judgment implies that the other is not) and that at least some if not all of their time is spent living in different homes.’

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Family Law, 4th April 2018

Source: www.familylaw.co.uk

Consummation and the validity of marriage: X (A Child: foreign surrogacy) – Law & Religion UK

Posted March 21st, 2018 in foreign jurisdictions, marriage, news, surrogacy by tracey

‘Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) [2018] EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”.’

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Law & Religion UK, 19th March 2018

Source: www.lawandreligionuk.com

Telford pensioner investigated for Nazi war crimes – BBC News

Posted March 21st, 2018 in foreign jurisdictions, news, prosecutions, war crimes by tracey

‘A pensioner has become the first person from the UK to be investigated in Germany for his alleged role in the Holocaust in World War Two.’

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BBC News, 20th March 2018

Source: www.bbc.co.uk

Should the UK Make it Easier to Punish Foreign Human Rights Abusers? – Rights Info

Posted March 14th, 2018 in foreign jurisdictions, human rights, news, sanctions, state liability by sally

‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’

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Rights Info, 13th March 2018

Source: rightsinfo.org

Why English courts are opening in the EU – BBC News

Posted February 28th, 2018 in choice of forum, courts, dispute resolution, foreign jurisdictions, news by sally

‘According to French reports, the new “international chamber” is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

Sweden tried to drop Assange extradition in 2013, CPS emails show – The Guardian

Posted February 12th, 2018 in Crown Prosecution Service, extradition, foreign jurisdictions, news, warrants by tracey

‘Swedish prosecutors attempted to drop extradition proceedings against Julian Assange as early as 2013, according to a confidential exchange of emails with the Crown Prosecution Service seen by the Guardian.’

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The Guardian, 11th February 2018

Source: www.theguardian.com

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

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The Independent, 7th February 2018

Source: www.independent.co.uk

High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

English civil partnership may not be recognised abroad – Family Law

‘As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries. This places them in a real difficulty. A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?’

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Family Law, 26th January 2018

Source: www.familylaw.co.uk

UK courts back Petrofac boss in Italian insider trading row – Daily Telegraph

Posted January 25th, 2018 in appeals, bribery, foreign jurisdictions, fraud, insider dealing, news by tracey

‘The UK courts have backed Petrofac boss Ayman Asfari in his battle against Italian insider trading allegations by ruling that he was not served notice of the charges leveled against him by the Italian authorities. The High Court ruling backs Mr Asfari’s claim that the shock sanctions leveled against him last summer by the Italian authorities did not follow due process, meaning he was unable to defend himself against the charges before they were imposed.’

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Daily Telegraph, 24th January 2018

Source: www.telegraph.co.uk

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Can the court order global maintenance? – Family Law

Posted December 18th, 2017 in child support, financial provision, foreign jurisdictions, news by sally

‘A long time ago, in a galaxy far, far away, the Thatcher Government fixed its sights on child maintenance. In January 1990, in what was to be her last year in office, Mrs Thatcher (as she then was) spoke about the scandal that ‘…nearly four out of five lone mothers claiming income support received no maintenance from the fathers. No father should be able to escape from his responsibility and that is why the Government is looking at ways of strengthening the system for… making the arrangements for recovering maintenance more effective’ (National Children’s Homes Memorial Lecture, 17 January 1990).’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk