Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

Deprivation of liberty: Unlawful placements of children – Transparency Project

‘Can an English family court order the unlawful detention of a Welsh child?’

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Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

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Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Reconsideration or review? – Local Government Lawyer

Posted November 2nd, 2020 in appeals, jurisdiction, local government, news, planning, statutory interpretation by tracey

‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’

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Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

FS v RS and JS – A Most Unusual Case about the bank of mum and dad… – Transparency Project

‘Described as “a most unusual case”, the Family Court at the Royal Courts of Justice recently dismissed a forty-one-year-old son’s claim that the “bank of mum and dad” was legally obligated to maintain him. Most court orders for the payment of maintenance of children provide for that obligation to end at the age of 18 or upon the child leaving school. The courts retain jurisdiction to make or vary orders for maintenance of children in limited circumstances, including where there is already a court order in force, to meet expenses in connection with education or training for a trade, profession or vocation, and where the child has expenses attributable to a disability. In FS v RS and JS [2020] EWFC 63, Sir James Munby considered whether the court had jurisdiction in relation to claims under the Matrimonial Causes Act 1973 and the Children Act 1989 and whether jurisdiction under the inherent jurisdiction could be exercised as the Applicant asserted. This is an overview of Munby J’s remarkable judgment in light of an unprecedented proposition upon the court’s traditionally paternal or parental character.’

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Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette

‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

New Judgment: Unwired Planet International Ltd and another) v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37 – UKSC Blog

‘This appeal discusses whether the English court has the power or jurisdiction, or is it a proper exercise of any such power or jurisdiction without the parties’ agreement:

– to grant an injunction restraining infringement of a UK SEP unless the defendant enters into a global licence under a multinational patent portfolio;
– to determine the rates/terms for such a licence; and
– to declare that such rates/terms are FRAND?’

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UKSC Blog, 26th August 2020

Source: ukscblog.com

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Macquarie Global Infrastructure Funds 2 Sarl v Rodino – Blackstone Chambers

Posted August 13th, 2020 in agreements, jurisdiction, news, shareholders by sally

‘The Commercial Court (Jacobs J) has dismissed applications to dispute the English Court’s jurisdiction in respect of claims for damages and declarations of non-liability in respect of proceedings brought by the Defendants in Luxembourg claiming damages in excess of €68 million. The decision illustrates the English Court’s commercially-minded approach to the construction of exclusive jurisdiction clauses and to the provisions of the Brussels I Recast Regulation that confer priority on courts seised under those clauses.

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Blackstone Chambers, 6th August 2020

Source: www.blackstonechambers.com

Family Law Newsletter – Spire Barristers

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

New Judgment: Lehtimaki & Ors v Cooper [2020] UKSC 33 – UKSC Blog

Posted July 30th, 2020 in charities, company law, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘The Children’s Investment Fund Foundation is a charitable company with more than $4bn in assets helping children in developing countries. It was founded by Sir Christopher Hohn and Ms Jamie Cooper in 2002, but it became difficult to manage when their marriage broke down. These proceedings stem from the steps they took to resolve those difficulties. Specifically, they agreed that in exchange for a grant of $360 million to Big Win Philanthropy, a charity founded by Ms Cooper, she would resign as a member and trustee of CIFF.’

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UKSC Blog, 29th July 2020

Source: ukscblog.com

Dealing with Competing Jurisdiction Clauses: What is your Centre of Gravity? – 3PB

Posted July 30th, 2020 in contracts, interpretation, jurisdiction, news by sally

‘Complex commercial arrangements can generate difficulties for the parties where their obligations are set out in a multitude of related contracts or a single contract containing inconsistent dispute resolution clauses. It is not uncommon for parties to complex commercial contracts to find themselves arguing over the interpretation of inconsistent jurisdiction clauses which are either found in a single contract, or different but related contracts forming part of the same arrangements. Disagreements over the interpretation of jurisdiction clauses can arise in large-scale energy and infrastructure projects, and other types of arrangements where transactions usually take place under a master agreement. This note will explore the most common scenarios in which courts are often asked to interpret inconsistent dispute resolution clauses, with particular focus on the ‘centre of gravity’ approach adopted by courts.’

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3PB, 27th July 2020

Source: www.3pb.co.uk