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.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Family: Undertakings and variations – Law Society’s Gazette

Posted October 2nd, 2017 in covenants, jurisdiction, mortgages, news, Supreme Court, undertakings by sally

‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

The landscape for child disputes post-Brexit – Family Law

Posted September 15th, 2017 in children, EC law, families, jurisdiction, news by tracey

‘Resolving the complexities of family life across international borders is notoriously complex. However, with Britain’s impending withdrawal from the EU casting an unexpected shadow over the certainty of established legislation, children and their families face an additional layer of difficulty as Britain attempts to untangle itself from existing EU regulations. To manage increasing anxiety, the Government has recently published its vision of the UK’s future partnership with the EU on this key issue entitled “Providing a cross-border civil judicial cooperation framework”. What does this tell us about how international children law disputes will be decided post-Brexit? Are we any clearer as to what impact this will have on the children caught up in these disputes?’

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Family Law, 14th September 2017

Source: www.familylaw.co.uk

UK citizens set for “second class status” – EU (Withdrawal) Bill – The Bar Council

Posted September 8th, 2017 in bills, devolution, EC law, environmental protection, jurisdiction, news, treaties by tracey

‘”This Bill will leave UK citizens and businesses with less protection against the power of the state. Rights are not being brought home, they are being abolished.”
Andrew Langdon QC, Chair of the Bar.’

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The Bar Council, 7th September 2017

Source: www.barcouncil.org.uk

Home Office leak shows unpicking of EU nationals’ family reunion rights – The Guardian

Posted September 6th, 2017 in EC law, families, immigration, jurisdiction, news by sally

‘The leaked Home Office document on Britain’s post-Brexit immigration policy spells out for the first time how ending the jurisdiction of the European court of justice will weaken family reunion rights for EU nationals in Britain.’

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The Guardian, 6th September 2017

Source: www.theguardian.com

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

The UK and the CJEU after Brexit – Law & Religion UK

Posted August 24th, 2017 in courts, dispute resolution, EC law, jurisdiction, news, treaties by sally

‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’

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Law & Religion UK, 23rd August 2017

Source: www.lawandreligionuk.com

Children: Public Law Update (August 2017) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

The Case of X: A Wake Up Call – Family Law Week

‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the lessons to be learned from the case of X which attracted considerable attention in the mainstream media.’

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Family Law Week, 15th August 2017

Source: www.familylawweek.co.uk

Abducted UK children at greater risk if legal ties cut, Brexit officials say – The Guardian

Posted August 23rd, 2017 in child abduction, EC law, jurisdiction, news, treaties by sally

‘Parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit, according to government officials detailing their latest plans.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

UK will keep ‘half an eye’ on ECJ rulings after Brexit, says justice minister – The Guardian

Posted August 23rd, 2017 in dispute resolution, EC law, judgments, jurisdiction, news by sally

‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

UK offers climbdown on European courts deciding cross-border cases – The Guardian

Posted August 22nd, 2017 in courts, EC law, jurisdiction, news, treaties by sally

‘Britain will be subject to the rulings of European courts after Brexit, the government has conceded, in an apparent climbdown from its promise of judicial independence.’

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The Guardian, 21st August 2017

Source: www.theguardian.com

LegalUK: The strength of English law and the UK jurisdiction – Courts and Tribunals Judiciary

Posted August 11th, 2017 in choice of forum, dispute resolution, enforcement, jurisdiction, news by tracey

‘The Lord Chief Justice and the Chancellor of the High Court have recently spoken about the need to counter misperceptions surrounding the certainty of litigating, arbitrating or otherwise resolving disputes in the UK. This booklet emphasises the unique strengths of English law and the high quality of dispute resolution services in the United Kingdom.’

Full booklet

Courts and Tribunals Judiciary, 4th August 2017

Source: www.judiciary.gov.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Permission for judicial review fails in diverted profits tax case – OUT-LAW.com

Posted July 12th, 2017 in appeals, judicial review, jurisdiction, news, subsidiary companies, taxation by sally

‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.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’

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Source: www.crimeline.info

Speech by the Lord Chief Justice of England and Wales at the Dinner for Her Majesty’s Judges, 5 July 2017 – Courts and Tribunals Judiciary

Posted July 7th, 2017 in courts, judges, judiciary, jurisdiction, legal profession, London, speeches by tracey

‘Speech by the Lord Chief Justice of England and Wales at the Dinner for Her Majesty’s Judges, 5 July 2017.’

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Courts and Tribunals Judiciary, 6th July 2017

The Insolvency Rules 2016: an assault on red tape? – Hardwicke Chambers

‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.

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Hardwicke Chambers, 14th June 2017

Source: www.hardwicke.co.uk