Category: foreign jurisdictions

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

Posted May 6th, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court by sally

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

The Response to Covid-19: Likely Corporate Insolvency Reforms and their Merit – 3 Hare Court

Posted May 5th, 2020 in company law, coronavirus, foreign jurisdictions, insolvency, news by sally

‘Countries around the globe have been grappling with the fallout from the Covid-19 pandemic. Amongst many issues the crisis has thrown up is the issue of how to deal with companies which suffer from solvency issues as a result of the pandemic, or government measures taken in response to the pandemic. The response of different jurisdictions has varied, as has the speed of the response. This article looks at the UK’s likely response and how it compares to other jurisdictions.’

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3 Hare Court, 23rd April 2020

Source: www.3harecourt.com

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

Posted May 5th, 2020 in foreign jurisdictions, human rights, judicial review, news, notification, sexual offences by sally

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

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Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

Posted May 4th, 2020 in cancer, damages, foreign jurisdictions, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com

Oliver Butler: Elgizouli v Secretary of State for the Home Department: The Fundamental Rights and Freedoms of the Data Subject – UK Constitutional Law Association

Posted April 21st, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, prerogative powers, Supreme Court by sally

‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’

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UK Constitutional Law Association, 17th April 2020

Source: ukconstitutionallaw.org

Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog

Posted April 16th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, Supreme Court by sally

‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

Posted April 15th, 2020 in data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, judicial review, news, Supreme Court by sally

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Data Protection and Capital Punishment – The 36 Group

Posted April 3rd, 2020 in chambers articles, data protection, death penalty, disclosure, foreign jurisdictions, government departments, news, Supreme Court by sally

‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’

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The 36 Group, 30th March 2020

Source: 36group.co.uk

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

Posted April 1st, 2020 in appeals, chambers articles, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

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Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3 – Panopticon

Posted March 30th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’

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Panopticon, 30th March 2020

Source: panopticonblog.com

New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

Posted March 26th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, murder, news, Supreme Court, terrorism by sally

‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’

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UKSC Blog, 25th March 2020

Source: ukscblog.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

Posted March 25th, 2020 in data protection, death penalty, disclosure, evidence, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court, terrorism, witnesses by sally

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

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5 SAH, 20th February 2020

Source: www.5sah.co.uk

Can Prince Andrew be forced to testify? – BBC News

Posted January 29th, 2020 in foreign jurisdictions, inquiries, news, royal family, sexual offences, trafficking in human beings, witnesses by sally

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Child sex abusers like Gary Glitter must be banned from travelling abroad to commit further attacks, inquiry concludes – Daily Telegraph

Posted January 10th, 2020 in child abuse, children, foreign jurisdictions, freedom of movement, inquiries, news, sexual offences by tracey

‘Child sex abusers such as Gary Glitter – who was free to travel to Asia to attack young girls – must be banned from travelling abroad to commit further attacks, a government-ordered inquiry has warned.’

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Daily Telegraph, 9th January 2020

Source: www.telegraph.co.uk

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

Posted December 4th, 2019 in corruption, foreign jurisdictions, money laundering, news, proceeds of crime, terrorism by sally

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk