‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’
BBC News, 13th August 2015
Source: www.bbc.co.uk
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 [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
‘ Britain will pass a new law to commit Britain to protecting cultural artefacts during armed conflicts in the wake of the destruction wrought by the so-called Islamic State on ancient ruins in Iraq and Syria. John Whittingdale, the Culture secretary, said the destruction was a “shocking threat to the world’s heritage and an affront to our common human values”.
Daily Telegraph, 21st June 2015
Source: www.telegraph.co.uk
‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’
Halsbury’s Law Exchange, 9th June 2015
Source: www.halsburyslawechange.co.uk
‘The Hong Kong-based provider of internet TV subscription service NOW TV could not prevent Sky using the same name for a similar service in the UK because it did not have a UK customer base, the UK’s highest court has ruled.’
OUT-LAW.com, 14th May 2015
Source: www.out-law.com
Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177
‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’
Family Law Week, 27th March 2015
Source: www.familylawweek.co.uk
‘The High Court has ruled that the ECHR applies to situations where Iraqi civilians were shot during security operations conducted by British soldiers. When taken together with the parallel cases being brought against the MOD for breach of its Article 2 obligations towards its own soldiers, it appears increasingly likely that any operation undertaken by the British Army in the future will lead to legal challenges being brought against almost every aspect of its actions pre, during and post any use of military force.’
UK Human Rights Blog, 29th March 2015
Source: www.ukhumanrightsblog.com
‘It is not uncommon for data controllers to be faced with subject access requests under s. 7 of the Data Protection Act 1998 the motivations for which appear to have nothing whatever to do with the purposes of the DPA. The DPA seeks to protect individuals’ privacy rights with respect to data which is processed about them. The subject access provisions help people check up on that data and its processing (see for example YS v Minister voor Immigratie (Cases C-141/12 & C-372/12)). In practice, however, a subject access request is a fishing expedition with an eye on prospective litigation.’
Panopticon, 10th March 2015
Source: www.panopticonblog.com
‘The government has written to the authorities in more than 70 countries and foreign jurisdictions in an attempt to clarify the rights of gay people who are working or travelling abroad. The equalities minister, Jo Swinson, has asked national and regional governments including Australia, Chile, Israel, South Africa and all 50 US states to confirm whether they recognise British civil partnerships and marriages between same-sex couples, and what rights gay people can expect when they travel.’
The Guardian, 5th March 2015
Source: www.guardian.co.uk
JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94
‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’
WLR Daily, 27th February 2015
Source: www.iclr.co.uk
‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’
Family Law Week, 23rd February 2015
Source: www.familylawweek.co.uk
‘HSBC’s Swiss arm is potentially open to a range of criminal charges in Britain because there is “credible evidence” that it has had a role in enabling tax evasion, according to a former director of public prosecutions.’
The Guardian, 22nd February 2015
Source: www.guardian.co.uk
‘Drivers who commit traffic offences in another EU country will be pursued for fines at home, under a new EU draft law expected to be passed on Wednesday.’
Full story
BBC News, 10th February 2015
Source: www.bbc.co.uk
‘The Judicial College, which trains UK judges, has said that it intends to “introduce a charging scheme for the delivery of international training”.’
Litigation Futures, 3rd February 2015
Source: www.litigationfutures.com
‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’
OUT-LAW.com, 27th January 2015
Source: www.out-law.com
Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15
‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 16th January 2015
Source: www.iclr.co.uk
‘The Australian litigation funder coordinating shareholders’ legal action against Tesco is promising to launch more mass claims against large firms in the UK.’
The Guardian, 18th January 2015
Source: www.guardian.co.uk
‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
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