Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers

Posted December 4th, 2019 in choice of forum, conspiracy, jurisdiction, news by sally

‘On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2019] 2 WLR 1051.’

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction) – 1 GC: Family Law

Posted December 2nd, 2019 in child abduction, conflict of laws, jurisdiction, news, treaties by sally

‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’

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1 GC: Family Law, 21st November 2019

Source: 1gc.com

High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com

Posted November 26th, 2019 in insolvency, jurisdiction, news, stay of proceedings by tracey

‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’

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OUT-LAW.com, 25th November 2019

Source: www.pinsentmasons.com

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

Posted November 20th, 2019 in children, domestic violence, family courts, jurisdiction, news, wardship by sally

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

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5SAH, 12th November 2019

Source: www.5sah.co.uk

Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers

Posted November 20th, 2019 in financial regulation, jurisdiction, news, ombudsmen by sally

‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’

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Hardwicke Chambers, 13th November 2019

Source: hardwicke.co.uk

Digital assets “are property” under English law – Legal Futures

Posted November 19th, 2019 in consultations, contracts, electronic commerce, jurisdiction, news by sally

‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’

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Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by tracey

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

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Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

New Judgment: In the matter of NY (A Child) [2019] UKSC 49 – UKSC Blog

Posted October 31st, 2019 in child abduction, jurisdiction, news, Supreme Court by sally

‘This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

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UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV – Blackstone Chambers

Posted October 29th, 2019 in competition, EC law, jurisdiction, licensing, news, patents by sally

‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Prosecutors reconsider prosecuting members of Isil ‘Beatles’ gang in the UK – Daily Telegraph

‘The Crown Prosecution Service (CPS) is to reconsider its opposition to putting on trial in the UK a pair of British Islamic State terrorists who were members of so-called “Beatles” cell.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

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Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’

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UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

The limits of the inherent jurisdiction (1) – Local Government Lawyer

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by tracey

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com