N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

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The Guardian, 15th December 2020

Source: www.theguardian.com

The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers

‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’

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Hardwicke Chambers, 2nd December 2020

Source: hardwicke.co.uk

Harry Dunn’s family can appeal against High Court ruling – BBC News

‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

Covid-19: Assisted dying travel allowed during lockdown, says Hancock – BBC News

‘People travelling abroad for the purpose of assisted dying will not be breaking coronavirus travel rules, the health secretary has said.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

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Littleton Chambers, 9th October 2020

Source: littletonchambers.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

High Court rejects challenge to foreign in-house lawyers’ privilege – Legal Futures

Posted September 14th, 2020 in foreign jurisdictions, law firms, legal profession, legal services, news, privilege by tracey

‘Legal advice privilege extends to communications with foreign lawyers working in-house even if they are not recognised or regulated as “professional lawyers”, the High Court has ruled.’

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Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

UK supreme court ruling clears way for Isis pair to be tried in US – The Guardian

‘A US trial of two members of Islamic State accused of taking part in the beheading of hostages appears likely to go ahead, following a legal ruling that allows the UK to share evidence with US prosecutors.’

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The Guardian, 26th August 2020

Source: www.theguardian.com

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

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5SAH, 27th July 2020

Source: www.5sah.co.uk

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

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5SAH, 2nd July 2020

Source: www.5sah.co.uk

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com