In re Nortel Networks UK Ltd and related companies (No 2) – WLR Daily

Posted June 21st, 2017 in administrators, courts, expenses, insolvency, jurisdiction, law reports by sally

In re Nortel Networks UK Ltd and related companies (No 2) [2017] EWHC 1429 (Ch)

‘The applicants, the administrators of companies in the same group, were aware of a number of potential claims, which might if established, qualify as administration expenses (“expense claims”), and thereby rank for payment in priority to the claims of unsecured creditors. Neither the Insolvency Act 1986, nor the Insolvency Rules 1986, nor the Insolvency Rules 2016 provided any express mechanism under which an administrator could require expense claims to be asserted by a specific date, or enable him to refuse to deal with claims asserted after that date in the context of a distribution to unsecured creditors. In the absence of any applicable statutory scheme, the administrators applied to the High Court for directions under paragraph 63 of Schedule B1 to the 1986 Act to implement a scheme informing potential claimants that any expense claims which had not yet been made had to be notified to the administrators on a prescribed form on or before a specified date.’

WLR Daily, 16th June 2017

Source: www.iclr.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.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL – WLR Daily

Posted June 15th, 2017 in conflict of laws, jurisdiction, law reports, licensing, patents by sally

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL [2017] EWHC 1216 (Pat)

‘The first defendant in the first of two claims entered into a licence with the claimant in respect of a portfolio of patents, including a US patent, concerning tocilizumab, an immunosuppressive drug. The claimant sought, inter alia, a declaration that it was not obliged to continue to pay royalties under the licence in respect of its tocilizumab products. The defendants alleged that, although framed as a claim for a declaration relating to a contract, a part of the proceedings, in substance, concerned not only the scope but also the validity of the US patent. Accordingly, consideration of the claim would infringe the territorial limits of the courts jurisdictional powers and constitute an affront to comity (“the Moçambique rule”) and/or the foreign act of state doctrine, which militated against the English court determining issues relating to sovereign acts of a foreign state.’

WLR Daily, 26th May 2017

Source: www.iclr.co.uk

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

General Medical Council v Jagjivan and another – WLR Daily

Posted June 7th, 2017 in doctors, jurisdiction, law reports, tribunals by sally

General Medical Council v Jagjivan and another [2017] EWHC 1247 (Admin)

‘Where, at the conclusion of a hearing by the Medical Practitioners Tribunal, a direction under section 35D of the Medical Act 1983 has not been given, on the ordinary wording of section 40A(1)(d) of the Act the tribunal has made a decision not to give a direction under section 35D. Accordingly, where the tribunal has made such a decision, the General Medical Council has jurisdiction to appeal, pursuant to section 40A, against that decision. The words “after determining that the person’s fitness to practise is impaired” are not present at the end of section 40A(1)(d) and do not require to be read into that subsection. Moreover, it would be anomalous if the General Medical Council’s right of appeal were confined to cases where the tribunal had made a finding of impairment or imposed some sanction, and no regard could be had to an erroneous failure by the tribunal to find an impairment of fitness to practise (paras 27, 32).’

WLR Daily, 26th May 2017

Source: www.iclr.co.uk

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Staying proceedings against “a necessary and proper party”: A pragmatic approach – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, jurisdiction, news, stay of proceedings by sally

‘English courts are averse to the risk of parallel litigation in multiple jurisdictions. For this reason, where an English defendant is correctly sued in England, foreign domiciled defendants who are necessary and proper parties to the claim are commonly brought into the English court’s jurisdiction.’

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Hardwicke Chambers, 3rd May 2017

Source: www.hardwicke.co.uk

Coroner’s conundrums: born alive or still-birth, and mother’s anonymity – UK Human Rights Blog

Posted May 8th, 2017 in anonymity, birth, coroners, judicial review, jurisdiction, news by sally

‘A 19-year old mother went into hospital, with a shoebox. In the shoebox was the 6-days dead body of her daughter. She told the hospital and the police that she had been raped, hence the shame about reporting the death. She had given birth in her bedroom at home, and she said that the baby had been cold when born.’

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UK Human Rights Blog, 6th May 2017

Source: www.ukhumanrightsblog.com

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.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Impact of Brexit on legal services “a cause for concern”, justice committee says – Legal Futures

‘The justice select committee has described the impact of Brexit on legal services as “a cause for concern, but not hyberbole”, in a report published today.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

Finance and Divorce Update March 2017 – Family Law Week

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Divorce Jurisdiction after Brexit – Family Law Week

Posted March 8th, 2017 in divorce, EC law, jurisdiction, news by tracey

‘An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.’

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Family Law Week, 7th march 2017

Source: www.familylawweek.co.uk

Children: Private Law Update (February 2017) – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 28th February 2017

Source: www.familylawweek.co.uk

Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

International Children Law Update: February 2017 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 1st February 2017

Source: www.familylawweek.co.uk

Reform is about much more than just Online Court, top judges remind profession – Legal Futures

Posted January 9th, 2017 in courts, enforcement, judges, judiciary, jurisdiction, legal profession, news, reports by sally

‘The senior judiciary has acted to remind the profession that implementation of Lord Justice Briggs’ Civil Courts Structure Review will cover much more than just the introduction of the Online Court.’

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Legal Futures, 6th January 2017

Source: www.legalfutures.co.uk

Court of Appeal upholds English court’s jurisdiction in Portuguese derivatives case – OUT-LAW.com

Posted December 19th, 2016 in appeals, banking, international law, jurisdiction, news, treaties by sally

‘The Court of Appeal has dismissed a high profile challenge by four Portuguese state-owned transport companies to the jurisdiction of the English courts in a dispute over a commonly-used standard form derivatives agreement.’

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OUT-LAW.com, 14th December 2016

Source: www.out-law.com

The court will not be used as “weapon of war”, judge warns family in costs row – Litigation Futures

Posted December 7th, 2016 in costs, delay, jurisdiction, news, shareholders, unfairly prejudicial conduct by tracey

‘The modern court will not allow itself to be used as a “weapon of senseless war”, a judge has warned a family locked in a bitter costs dispute.’

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Litigation Futures, 6th December 2016

Source: www.litigationfutures.com

Finance and Divorce Update, December 2016 – Family Law Week

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

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Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com