foreign jurisdictions – Page 13

Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Finance & Divorce Update – Family Law Week

Posted December 8th, 2014 in children, costs, divorce, foreign jurisdictions, legal aid, litigants in person, news by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’

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Family Law Week, 5th December 2014

Source: www.familylawweek.co.uk

Foreign Travel Orders by Madeleine Wolfe – One Inner Temple Lane

Posted December 3rd, 2014 in child abuse, children, foreign jurisdictions, news, sexual offences by sally

‘Sections 114 to 122 of the Sexual Offences Act 2003 (SOA) introduced Foreign Travel Orders (FTO) to assist in the disruption of behaviour of those who sexually offend against children in extra jurisdictional territories. They are civil orders enabling the courts in certain circumstances to prohibit those convicted of the sexual abuse of children under 16 years of age, from travelling overseas, where there is evidence that they intend to cause serious sexual harm to children in a foreign country.’

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One Inner Temple Lane, 19th November 2014

Source: www.1itl.com

Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, alternative business structures, barristers, crime, foreign jurisdictions, inns of court, legal aid, legal education, legal profession, legal services, Legal Services Board, news, pro bono work, regulations, reports, rule of law, solicitors, Solicitors Regulation Authority, speeches by sally

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, barristers, employment, families, family courts, foreign jurisdictions, housing, legal aid, legal history, legal profession, legal services, litigants in person, news, pro bono work, regulations, speeches, trials by sally

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

President’s Guidance on the International Child Abduction and Contact Unit (ICACU) and its role – Judiciary of England and Wales

Posted November 20th, 2014 in child abduction, EC law, family courts, foreign jurisdictions, international law, news by tracey

‘Sir James Munby, President of the Family Division issued guidance on the International Child Abduction and Contact Unit on 10 November 2014.’

Full guidance

Judiciary of England and Wales, 19th November 2014

Source: www.judiciary.gov.uk

PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily

Posted November 12th, 2014 in foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

PricewaterhouseCoopers v Saad Investments Co Ltd: [2014] UKPC 35; [2014] WLR (D) 475

‘A court would not normally entertain submissions from strangers to a winding up to the effect that a winding up order should not have been made, but general rule should not be elevated into an immutable principle, applicable in every case irrespective of its facts.’

WLR Daily, 10th November 2014

Source: www.iclr.co.uk

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Court enforces German law on military wife’s damages – Law Society’s Gazette

Posted October 8th, 2014 in accidents, EC law, foreign jurisdictions, mental health, news, personal injuries, road traffic by sally

‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’

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Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

Posted September 24th, 2014 in appeals, employment, employment tribunals, foreign jurisdictions, news, unfair dismissal by sally

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

Full story

Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

Care Proceedings and the European Dimension: Article 15 Transfers – Family Law Week

Posted September 17th, 2014 in care orders, children, delay, EC law, evidence, families, foreign jurisdictions, human rights, news, social services by tracey

‘Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.’

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Family Law Week, 16th September 2014

Source: www.familylawweek.co.uk

CPS secures first ever recovery of criminal assets from United Arab Emirates – Crown Prosecution Service

Posted August 21st, 2014 in assets recovery, confiscation, Crown Prosecution Service, enforcement, foreign jurisdictions, news by tracey

‘Following extensive work both in the UK and Dubai, the new CPS Proceeds of Crime Service (CPSPOC) in London, working closely with the recently deployed CPS Asset Recovery Advisor in Dubai, has secured what is believed to be the first ever successful enforcement of a UK confiscation order in the UAE. The UK has recovered over £300,000 from the sale of an apartment in Dubai Marina belonging to a convicted British criminal.’

Full story

Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

Posted August 7th, 2014 in dispute resolution, foreign jurisdictions, news, Russia, stay of proceedings by sally

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

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OUT-LAW.com, 7th August 2014

Source: www.out-law.com

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

Posted July 22nd, 2014 in appeals, death penalty, drug trafficking, foreign jurisdictions, human rights, law reports, legal representation, Supreme Court by sally

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

Posted July 22nd, 2014 in appeals, death penalty, drug trafficking, foreign jurisdictions, human rights, legal representation, news, Supreme Court by sally

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

Full story

Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

Regina v Mehmedov – WLR Daily

Posted July 21st, 2014 in bad character, criminal records, evidence, foreign jurisdictions, law reports, murder by sally

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by tracey

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk

France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

Posted July 1st, 2014 in appeals, asylum, foreign jurisdictions, freedom of expression, human rights, news by sally

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

Full story

UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

“Please Sir I Want Some More” – Family Law Week

Posted April 11th, 2014 in divorce, foreign jurisdictions, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.’

Full story

Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk