Category: foreign jurisdictions

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

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Drystone Chambers, July 2018

Source: drystone.com

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity – Oxford Human Rights Hub

Posted July 26th, 2018 in environmental protection, foreign jurisdictions, human rights, news, subsidiary companies by sally

‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’

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Oxford Human Rights Hub, 24th July 2018

Source: ohrh.law.ox.ac.uk

UK may face legal challenge over US extradition of Isis pair – The Guardian

Posted July 24th, 2018 in criminal justice, death penalty, evidence, extradition, foreign jurisdictions, human rights, news, terrorism by tracey

‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’

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The Guardian, 24th July 2018

Source: www.theguardian.com

The CoA finds that a bank was contractually entitled to comply with foreign court orders – OUT-LAW.com

Posted June 27th, 2018 in banking, contracts, foreign jurisdictions, freezing injunctions, news by tracey

‘The Court of Appeal (CoA) has dismissed an appeal in which the Republic of Kazakhstan (RoK) and its national bank argued that their custodian bank, Bank of New York Mellon (BNYM), had acted in breach of contract by freezing their assets in accordance with foreign court orders.’

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OUT-LAW.com, 26th June 2018

Source: www.out-law.com

Do I have to pay child maintenance if my child lives abroad? – Family Law

Posted June 22nd, 2018 in children, domicile, enforcement, financial provision, foreign jurisdictions, news by tracey

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Chloe Ayling ‘vindicated’ over kidnapper’s conviction – BBC News

Posted June 12th, 2018 in foreign jurisdictions, forgery, kidnapping, news, sentencing by sally

‘Model Chloe Ayling says she feels “vindicated” after the man she accused of kidnapping her was convicted and jailed for almost 17 years.’

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BBC News, 11th June 2018

Source: www.bbc.co.uk

Foreign pre-nup, English divorce? What’s the deal? – Family Law

Posted June 8th, 2018 in divorce, foreign jurisdictions, news, prenuptial agreements by sally

‘It is not at all uncommon for international couples who marry abroad to have entered into a pre-nuptial agreement or a ‘matrimonial property regime’. Pre-nuptial agreements are indeed commonplace in many countries which treat these documents as binding and legally enforceable agreements. But what happens when a foreign pre-nup finds its way to the English divorce courts?’

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Family Law, 6th June 2018

Source: www.familylaw.co.uk

Brexit implications for family law analysed in panel discussion at European Parliament – Family Law

Posted May 21st, 2018 in brexit, divorce, EC law, families, family courts, foreign jurisdictions, news by sally

‘Four family law experts took part in a panel discussion at the European Parliament yesterday to discuss the implications for family law of the UK leaving the EU.’

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Family Law, 18th May 2018

Source: www.familylaw.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

Posted May 4th, 2018 in divorce, enforcement, financial provision, foreign jurisdictions, judgments, news, service by tracey

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Foreign assets: should you try to cover everything under one will? – Family Law

Posted April 18th, 2018 in foreign jurisdictions, news, wills by sally

‘If you own assets in more than one jurisdiction, should you try to cover everything under one will, or should you have a separate will in each jurisdiction?’

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Family Law, 17th April 2018

Source: www.familylaw.co.uk

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