English court had jurisdiction over conspiracy claim in gambling case – OUT-LAW.com

Posted August 13th, 2018 in conspiracy, fraud, gambling, Guernsey, jurisdiction, news, subsidiary companies by sally

‘A Guernsey-registered online gambling company can pursue a conspiracy claim against a group of Peruvian-resident customers in the English courts, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th August 2018

Source: www.out-law.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Case Comment: Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34 – Supreme Court Blog

Posted July 20th, 2018 in banking, conflict of laws, EC law, jurisdiction, news by tracey

‘Dana Feinsohn, trainee solicitor in the litigation and arbitration team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34.’

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Supreme Court Blog, 17th July 2018

Source: ukscblog.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 6th, 2018 in choice of forum, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

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OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

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OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Whose jurisdiction is it anyway? – Nearly Legal

Posted June 29th, 2018 in jurisdiction, news, repossession, service charges by tracey

‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’

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Nearly Legal, 28th June 2018

Source: nearlylegal.co.uk

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

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Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Temporary relocation of a child: a practical approach – Family Law

Posted May 31st, 2018 in care orders, children, jurisdiction, news, treaties by sally

‘Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.’

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Family Law, 30th May 2018

Source: www.familylaw.co.uk

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

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Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

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Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Breaking up is hard to do: the fate of family law in post-Brexit Britain – Family Law

‘It is now over nine months since the European Union (Withdrawal) Bill was introduced into the House of Commons in July of last year. The Government’s stated aim was to ensure the UK exits the EU with maximum ‘certainty, continuity and control’. We now know that we will be leaving the EU at 11pm on Friday 29 March 2019. It is still unclear as to how this will happen, although the Government has indicated its wish to maintain a deep and special partnership with the EU. With approximately three million EU citizens living in the UK and around one million British citizens living in other EU member states, the implications of Brexit for European couples separating or divorcing and for their families is wide-reaching and of concern to all family practitioners.’

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Family Law, 10th May 2018

Source: www.familylaw.co.uk

The courts’ jurisdiction to vary capital orders – Family Law

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

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Family Law, 20th April 2018

Source: www.familylaw.co.uk

Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog

‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;

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UK Supreme Court Blog, 13th April 2018

Source: ukscblog.com

Finance and Divorce Update, April 2018 – Family Law Week

‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’

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Family Law Week, 15th April 2018

Source: www.familylawweek.co.uk

Villiers v Villiers: An Update – Family Law Week

Posted March 23rd, 2018 in choice of forum, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.’

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Family Law Week, 22nd March 2018

Source: www.familylawweek.co.uk

Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com