Foreign criminals’ data taken off police records – The Guardian
‘Biometrics commissioner warns privacy laws meant to protect innocent could also guard those committing offences abroad.’
The Guardian, 16th December 2014
Source: www.guardian.co.uk
Category: foreign jurisdictions
Family of Ben Needham to sue Home Office for funding of police operation – The Guardian
‘Ben Needham’s family is preparing to take the home secretary to court in an attempt to secure funding for British police to pursue suspects who might be linked to the toddler’s disappearance 23 years ago.’
The Guardian, 15th December 2014
Source: www.guardian.co.uk
Krys and another v Stichting Shell Pensioenfonds – WLR Daily
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
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’
Family Law Week, 5th December 2014
Source: www.familylawweek.co.uk
Foreign Travel Orders by Madeleine Wolfe – One Inner Temple Lane
‘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.’
One Inner Temple Lane, 19th November 2014
Source: www.1itl.com
Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily
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
‘Sir James Munby, President of the Family Division issued guidance on the International Child Abduction and Contact Unit on 10 November 2014.’
Judiciary of England and Wales, 19th November 2014
Source: www.judiciary.gov.uk
PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily
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
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
‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’
Law Society’s Gazette, 7th October 2014
Source: www.lawgazette.co.uk
Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers
‘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.’
Littleton Chambers, 22nd September 2014
Source: www.littletonchambers.com
Care Proceedings and the European Dimension: Article 15 Transfers – Family Law Week
‘Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.’
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
‘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.’
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
‘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.’
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
Supreme Court, 16th July 2014
Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange
‘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).’
Halsbury’s Law Exchange, 21st July 2014
Source: www.halsburyslawexchange.co.uk
Regina v Mehmedov – WLR Daily
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
‘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
