Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, brexit, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

The case of Re X (A Child – foreign surrogacy) – the distracting power of ‘sex’ – but what does it really tell us? – Family Law

Posted April 4th, 2018 in foreign jurisdictions, marriage, news, surrogacy by sally

‘The legal media was quick to jump on the case of Re X (A Child – Foreign Surrogacy) [2018] EWFC 15) to highlight the reference in Sir James Munby’s judgment to the sexual relationship (or rather, the lack of one) in the marriage between the two applicants in this case of a parental order application following a surrogacy arrangement. Very little information as to the parties’, their child’s or their surrogate’s personal circumstances is given in the judgment, although those wishing for details will no doubt have been left reeling for more from the information that was given: the parties are married yet one is gay (the judgment implies that the other is not) and that at least some if not all of their time is spent living in different homes.’

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Family Law, 4th April 2018

Source: www.familylaw.co.uk

Consummation and the validity of marriage: X (A Child: foreign surrogacy) – Law & Religion UK

Posted March 21st, 2018 in foreign jurisdictions, marriage, news, surrogacy by tracey

‘Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) [2018] EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”.’

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Law & Religion UK, 19th March 2018

Source: www.lawandreligionuk.com

Telford pensioner investigated for Nazi war crimes – BBC News

Posted March 21st, 2018 in foreign jurisdictions, news, prosecutions, war crimes by tracey

‘A pensioner has become the first person from the UK to be investigated in Germany for his alleged role in the Holocaust in World War Two.’

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BBC News, 20th March 2018

Source: www.bbc.co.uk

Should the UK Make it Easier to Punish Foreign Human Rights Abusers? – Rights Info

Posted March 14th, 2018 in foreign jurisdictions, human rights, news, sanctions, state liability by sally

‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’

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Rights Info, 13th March 2018

Source: rightsinfo.org

Why English courts are opening in the EU – BBC News

Posted February 28th, 2018 in choice of forum, courts, dispute resolution, foreign jurisdictions, news by sally

‘According to French reports, the new “international chamber” is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

Sweden tried to drop Assange extradition in 2013, CPS emails show – The Guardian

Posted February 12th, 2018 in Crown Prosecution Service, extradition, foreign jurisdictions, news, warrants by tracey

‘Swedish prosecutors attempted to drop extradition proceedings against Julian Assange as early as 2013, according to a confidential exchange of emails with the Crown Prosecution Service seen by the Guardian.’

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The Guardian, 11th February 2018

Source: www.theguardian.com

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in brexit, citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

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The Independent, 7th February 2018

Source: www.independent.co.uk

High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

English civil partnership may not be recognised abroad – Family Law

‘As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries. This places them in a real difficulty. A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?’

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Family Law, 26th January 2018

Source: www.familylaw.co.uk

UK courts back Petrofac boss in Italian insider trading row – Daily Telegraph

Posted January 25th, 2018 in appeals, bribery, foreign jurisdictions, fraud, insider dealing, news by tracey

‘The UK courts have backed Petrofac boss Ayman Asfari in his battle against Italian insider trading allegations by ruling that he was not served notice of the charges leveled against him by the Italian authorities. The High Court ruling backs Mr Asfari’s claim that the shock sanctions leveled against him last summer by the Italian authorities did not follow due process, meaning he was unable to defend himself against the charges before they were imposed.’

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Daily Telegraph, 24th January 2018

Source: www.telegraph.co.uk

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Can the court order global maintenance? – Family Law

Posted December 18th, 2017 in child support, financial provision, foreign jurisdictions, news by sally

‘A long time ago, in a galaxy far, far away, the Thatcher Government fixed its sights on child maintenance. In January 1990, in what was to be her last year in office, Mrs Thatcher (as she then was) spoke about the scandal that ‘…nearly four out of five lone mothers claiming income support received no maintenance from the fathers. No father should be able to escape from his responsibility and that is why the Government is looking at ways of strengthening the system for… making the arrangements for recovering maintenance more effective’ (National Children’s Homes Memorial Lecture, 17 January 1990).’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

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Family Law, 24th November 2017

Source: www.familylaw.co.uk

Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers

‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’

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Drystone Chambers, 6th November 2017

Source: drystone.com

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

Why so many sexual harassment cases in US, not UK? – BBC News

‘There are huge differences between UK and US media law – does this explain why more Americans are being accused of sexual harassment?’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Men jailed over huge £100m tax fraud – Crown Prosecution Service

‘Five men have been jailed today (November 10) for their part in a £100m tax fraud.’

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Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk