Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

Full story

Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

Criminalisation of lesbians on the rise – Law Society’s Gazette

Posted May 17th, 2016 in crime, foreign jurisdictions, homosexuality, news, reports, women by sally

‘At least 10 countries that previously criminalised only male same-sex sexual conduct have recently expanded their criminal codes to encompass sexual conduct between women, groundbreaking research has discovered.’

Full story

Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

“Boring” hearings or judges who interrupt? Neuberger knows what he likes – Legal Futures

‘The written advocacy of continental European lawyers makes for “boring” court proceedings, according to the President of the Supreme Court.’

Full story

Legal Futures, 19th April 2016

Source: www.legalfutures.co.uk

Adoption, foreign nationals and parental consent: where are we now? – Family Law Week

‘Michael Jones, Barrister, Deans Court Chambers, analyses the implications of a recent judgment in Re JL and AO (Babies Relinquished for Adoption) which concerned the adoption of children with the consent of the foreign parents.’

Full story

Family Law Week, 17th March 2016

Source: www.familylawweek.co.uk

An Inconvenient Truth: The Danger of Using Undertakings in International Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’

Full story

Family Law Week, 18th February 2016

Source: www.familylawweek.co.uk

Sex tourists who pay for prostitutes abroad ‘should face prosecution in UK’ – The Independent

Posted February 22nd, 2016 in foreign jurisdictions, news, prostitution, sexual offences, statistics by sally

‘British men who use prostitutes while abroad on stag parties should be prosecuted in the UK under new laws that make paying for sex illegal, according to a report backed by a senior MP.’

Full story

The Independent, 21st February 2016

Source: www.independent.co.uk

Outsourcing and use of litigation assistants – Bar Council

‘Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants.’

Full story

Bar Council, 17 February 2016

Source: http://www.barcouncil.org.uk

Iraqi Civilians v Ministry of Defence (No 2) – WLR Daily

Iraqi Civilians v Ministry of Defence (No 2) [2015] EWCA Civ 1241; [2015] WLR (D) 515

‘The primary limitation period of three years under Iraqi limitation law applied to claims in tort brought in the English High Court by Iraqi civilians in respect of alleged unlawful detention and ill-treatment by British armed forces while those forces were in Iraq between March 2003 and the end of 2008.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

Serbian Forum Shopper in Breach of his Duty of Full and Frank Disclosure has his Privacy and Libel Action Struck Out – RPC Data and Privacy Law

‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

Full story

RPC Data and Privacy Law, 7th December 2015

Source: www.rpc.co.uk

Expectations of privacy abroad – Panopticon

Posted November 24th, 2015 in appeals, children, foreign jurisdictions, injunctions, news, photography, privacy by sally

‘As all celebrities know, to get the High Court to stop paparazzi pictures of you from being published, the first thing you have to do is show you had a reasonable expectation of privacy. But what if you were snapped outside of the jurisdiction and whilst English law principles suggest that you did have such an expectation, the local law where the photographs were taken says you do not?’

Full story

Panopticon, 23rd November 2015

Source: www.panopticonblog.com

Jack Straw and senior spy could avoid torture prosecution – The Guardian

‘The former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, could avoid prosecution over complicity in the rendition and torture of two Libyan dissidents by claiming immunity, the supreme court has been told.’

Full story

The Guardian, 11th November 2015

Source: www.guardian.co.uk

Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week

Posted November 10th, 2015 in adoption, appeals, care orders, EC law, foreign jurisdictions, news, treaties by sally

‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’

Full story

Family Law Week, 10th November 2015

Source: www.familylawweek.co.uk

Anni Dewani death: coroner questions need for UK inquest – The Guardian

Posted September 10th, 2015 in foreign jurisdictions, inquests, murder, news, self-incrimination by tracey

‘A coroner has questioned whether there should be an inquest in the UK into the death of businessman Shrien Dewani’s wife, Anni, during a carjacking in South Africa.’

Full story

The Guardian, 9th September 2015

Source: www.guardian.co.uk

Fitness for purpose clauses in construction contracts – Hardwicke Chambers

Posted August 27th, 2015 in appeals, construction industry, contracts, foreign jurisdictions, news by sally

‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’

Full story

Hardwicke Chambers, 11th August 2015

Source: www.hardwicke.co.uk

The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court

Posted August 27th, 2015 in child abuse, foreign jurisdictions, hotels, negligence, news, police by sally

‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’

Full story

Six Pump Court, 10th August 2015

Source: www.6pumpcourt.co.uk

Serious Fraud Office v Saleh – WLR Daily

Serious Fraud Office v Saleh [2015] EWHC 2119 (QB); [2015] WLR (D) 368

‘Where the court in another jurisdiction made an order for the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the prosecuting authority in that jurisdiction, the prosecuting authority in the United Kingdom was not prevented from initiating proceedings against the proceeds of sale of those shares located within the United Kingdom.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

When keeping a child from their mother is in their best interests – The Guardian

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘Taking a child away from a parent is one of the most profound and far-reaching powers a court can exercise. Can it ever be in the best interests of a child to lose not only a parent but also a nationality and family heritage? These questions are prompted by the decision of the court of appeal last week that a Latvian girl, known only as CB, should be brought up by adoptive parents in the UK.’

Full story

The Guardian, 14th August 2015

Source: www.guardian.co.uk

Latvian child must be adopted in the UK, judge rules – BBC News

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’

Full story

BBC News, 13th August 2015

Source: www.bbc.co.uk

Banque Cantonale de Geneve v Polevent Ltd and others – WLR Daily

Banque Cantonale de Geneve v Polevent Ltd and others: [2015] EWHC 1968 (Comm); [2015] WLR (D) 304

‘The law governing a claim in restitution was the law of the country in which the unjust enrichment took place pursuant to article 10(3) of Parliament and Council Regulation (EC) No 864/2007.’

WLR Daily, 10th July 2015

Source: www.iclr.co.uk

Szegfu v Court of Pecs, Hungary – WLR Daily

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk