Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”

Full story

The Independent,

Source: www.independent.co.uk

Bilateral Investment Treaties: Claiming Compensation from Foreign Governments under Bilateral Investment Treaties for failing to provide adequate IP Protection – NIPC Law

Posted July 29th, 2013 in compensation, foreign jurisdictions, news, patents, treaties by sally

“In Novopharm Ltd v. Eli Lilly & Co 2010 FC 915 Mr. Justice Barnes of the Federal Court of Canada declared that Canadian patent no. 2,209,735 for the second medical use of the drug atomoxetine to treat attention deficit hyperactivity disorder in adults was invalid for inutility. His judgment was upheld by the Federal Court of Appeal in Eli Lilly & Co. v. Teva Canada Ltd 2011 FCA 220. Eli Lilly & Co. applied for leave to appeal to the Canadian Supreme Court but that was refused on 8 Dec 2012.”

Full story

NIPC Law, 27th July 2013

Source: www.nipclaw.blogspot.co.uk

New DPP guidance on concurrent jurisdiction published – Crown Prosecution Service

“The CPS has today published the final guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct.”

Full guidelines

Crown Prosecution Service, 17th July 2013

Source: www.cps.gov.uk

The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2013

Source: www.competitionbulletin.com

Sentencing Council moves for tougher terms for UK-based fraudsters – The Guardian

Posted June 28th, 2013 in bribery, foreign jurisdictions, fraud, news, sentencing by tracey

“Latest moves are a step in the right direction but they fall short of pledge to ‘take white collar crime as seriously as other crime.’ ”

Full story

The Guardian, 27th June 2013

Source: www.guardian.co.uk

Abela v Baadarain – WLR Daily

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35; [2013] WLR (D) 232

“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

English courts can stop parties bringing foreign legal proceedings in breach of arbitration agreements – OUT-LAW.com

Posted June 14th, 2013 in arbitration, foreign jurisdictions, injunctions, news, Supreme Court by sally

“English courts have the power to prevent parties to an arbitration agreement from beginning legal proceedings in foreign courts in breach of that agreement, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 13th June 2013

Source: www.out-law.com

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) – Supreme Court

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) [2013] UKSC 35 | UKSC 2011/0172

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group

“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”

Full story

UK Constitutional Law Group, 3rd June 2013

Source: www.ukconstitutionallaw.org

Death Penalty Legal Funding Refusal: Appeal Court Confirms Limits of Human Rights Act – UK Human Rights Blog

Posted May 30th, 2013 in appeals, death penalty, foreign jurisdictions, human rights, legal aid, news by sally

“On 22 April 2013 the Court of Appeal upheld the decision of the Foreign and Commonwealth Office in refusing to pay for a lawyer to assist Lindsay Sandiford as she faces the death penalty for drug offences in Indonesia. Last Wednesday, they handed down the reasons for their decision.”

Full story

UK Human Rights Blog, 29th May 2013

Source: www.ukhumanrightsblog.com

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 581; [2013] WLR (D) 201

“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Overseas child abductions on the rise – The Guardian

“Cross-border legal disputes involving child abduction and custody rows have more than doubled in the past two years, according to the judicial office specialising in international family cases.”

Full story

The Guardian, 1st May 2013

Source: www.guardian.co.uk

HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

HSBC Bank plc v Tambrook Jersey Ltd [2013] EWHC 866 (Ch); [2013] WLR (D) 146

“The English court could not “assist” a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction or any intention to commence such proceedings.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Briton Lindsay Sandiford challenges government refusal to fund appeal against Bali drug smuggling death sentence – The Independent

“Lawyers for British grandmother Lindsay Sandiford today launched an urgent new legal challenge over a UK Government refusal to fund her appeal against a death sentence imposed by an Indonesian court after she was found guilty of drug smuggling.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Regina (Ismail) v Secretary of State for the Home Department – WLR Daily

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) – Supreme Court

Posted January 23rd, 2013 in courts, extradition, foreign jurisdictions, law reports, sentencing, warrants by sally

Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) [2013] UKSC 2 | UKSC 2012/0072 (YouTube)

Supreme Court, 23rd January 2013

Source: www.youtube.com/user/UKSupremeCourt

Shagroon v Sharbatly – WLR Daily

Shagroon v Sharbatly: [2012] EWCA Civ 1507;   [2012] WLR (D)  337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

 

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

Full story

OUT-LAW.com, 26th October 2012

Source: www.out-law.com