Divorce forum disputes: when dual nationality may not be a possibility – Family Law

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

Full Story

Family Law, 13th October 2017

Source: www.familylaw.co.uk

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

Full Story

UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

Britain accused of unlawfully deporting Afghan asylum seekers – The Guardian

Posted October 5th, 2017 in asylum, deportation, illegality, international law, news, reports by tracey

‘Britain and other European countries have been accused of breaching international law, as it emerged that the number of asylum seekers forced to return to Afghanistan has tripled at a time when civilian casualties in the country are at a record high.’

Full Story

The Guardian, 5th October 2017

Source: www.theguardian.com

Third party arbitration funding here to stay, says expert, as major report published – OUT-LAW.com

Posted September 21st, 2017 in arbitration, dispute resolution, international law, news, reports, third parties by sally

‘Dispute resolution bodies must develop an understanding of the issues raised by third party funding as the role it plays in international arbitration continues to grow.’

Full Story

OUT-LAW.com, 21st September 2017

Source: www.out-law.com

High Court blocks bid to prosecute Tony Blair over Iraq War – The Independent

Posted July 31st, 2017 in international law, Iraq, news, private prosecutions, war by sally

‘The High Court has blocked a bid by a former chief of staff of the Iraqi army to bring a private prosecution against Tony Blair over the Iraq War.’

Full Story

The Independent, 31st July 2017

Source: www.independent.co.uk

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

Full Story

UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

May’s deal with DUP faces legal challenge from crowdfunding campaign – The Guardian

‘A crowdfunding campaign has been launched to raise funds for a potential legal challenge to Theresa May’s parliamentary deal with the Democratic Unionist party, on the grounds that it breaches the Good Friday agreement.’

Full Story

The Guardian, 9th July 2017

Source: www.theguardian.com

Speech delivered by the Lord Chancellor at a HM Judges’ dinner at Mansion House – Crimeline

‘Speech delivered by the Lord Chancellor at a HM Judges’ dinner at Mansion House, 6th July 2017’

Full speech

Source: www.crimeline.info

Iraq war: judge to review Tony Blair prosecution ban – The Guardian

‘The most senior judge in England and Wales will hear a case attempting to overturn a ban on prosecuting Tony Blair over the Iraq war, the Guardian has learned.’

Full Story

The Guardian, 5th July 2017

Source: www.theguardian.com

How do citizens’ rights affect Brexit negotiations? – The Guardian

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

Full Story

The Guardian, 23rd June 2017

Source: www.theguardian.com

Chagos legal status sent to international court by UN – BBC News

‘A dispute between the UK and Mauritius over disputed island territory in the Indian Ocean is to be referred to the International Court of Justice (ICJ).’

Full Story

BBC News, 22nd June 2017

Source: www.bbc.co.uk

English courts’ willingness to uphold parties’ choice of law provides certainty in Brexit world, says expert – OUT-LAW.com

‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’

Full Story

OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Firms face trade mark squatting woes – Law Society’s Gazette

Posted June 7th, 2017 in China, international law, law firms, news, trade marks by sally

‘International law firms face being held to ransom after falling foul of China’s problematic trade mark filing rules.’

Full Story

Law Society's Gazette, 6th June 2017

Source: www.lawgazette.co.uk

Brexit: Is the UK set for WTO limbo? – New Law Journal

Posted May 15th, 2017 in EC law, international law, news by sally

‘The idea of World Trade Organization (WTO) vetoes being used to settle historical scores over Gibraltar or the Falklands has been circulated as one post-Brexit complication, with the UK set to relinquish its existing WTO status as part of the EU bloc. Gregory Shaffer, a leading authority on international trade law, explains the UK’s tariff and other WTO commitments and considers the very real prospect of the UK spending some time in WTO limbo.’

Full story

New Law Journal, 9th May 2017

Source: www.newlawjournal.co.uk

Short Cuts – London Review of Books

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

Full story

London Review of Books, 18th May 2017

Source: www.lrb.co.uk

Plan to opt out of rights accords in future wars dangerous, inquiry hears – The Guardian

‘Government plans to opt out of international human rights agreements in future conflicts would be dangerous and prevent British soldiers from obtaining justice, according to evidence submitted to a parliamentary inquiry by the Law Society and Liberty.’

Full story

The Guardian, 24th April 2017

Source: www.guardian.co.uk

Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

Full story

UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

Full story

OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Why international law should trump nationalism – New Law Journal

Posted March 10th, 2017 in international law, ministers' powers and duties, news, treaties by sally

‘Recent changes to the Ministerial Code, which could undermine the UK’s commitment to the rule of law, may be subject to judicial review, as Daniel Carey explains. Interview by Jenny Rayner.’

Full story

New Law Journal, 24th February 2017

Source: www.newlawjournal.co.uk