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

The Forum Bar: it does exist — Bruno Min – UK Human Rights Blog

Posted February 9th, 2018 in choice of forum, computer crime, extradition, jurisdiction, news by tracey

‘n 5th February 2018 the Divisional Court gave judgment in Love v USA [2018] EWHC 172 (Admin), holding that the forum bar operated against the extradition of Lauri Love to the United States to face charges of making a series of cyber-attacks on the computer networks of private companies and US Government agencies. This is the first reported case in which the ‘forum bar’ has been applied to block an extradition.’

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UK Human Rights Blog, 9th February 2018

Source: ukhumanrightsblog.com

Trinidad waits on British judges’ death row ruling as murders soar – The Guardian

Posted January 15th, 2018 in appeals, death penalty, jurisdiction, news, Privy Council, Trinidad & Tobago by sally

‘Five British judges will this week consider whether a prisoner who may be mentally ill should remain on death row after a Caribbean court convicted him of murdering another inmate.’

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The Guardian, 15th January 2018

Source: www.theguardian.com

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Finance and Divorce Update, December 2017 – Family Law Week

Posted December 20th, 2017 in divorce, family courts, financial provision, fraud, jurisdiction, news, solicitors by tracey

‘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 November 2017.’

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Family Law Week, 6th December 2017

Source: www.familylawweek.co.uk

Brexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette

‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday. However the Law Society cautioned that the ‘real complexity’ of the deal lies ahead.’

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Law Society's Gazette, 10th December 2017

Source: www.lawgazette.co.uk

Myths of Brexit – Speech by Lord Justice Hamblen

Myths of Brexit (PDF)

Speech by Lord Justice Hamblen

Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and Judicial Co-operation in civil and commercial matters”, 2nd December 2017

Source: www.judiciary.gov.uk

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit – Courts and Tribunals Judiciary

Posted December 1st, 2017 in EC law, jurisdiction, speeches by tracey

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’

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Courts and Tribunals Judiciary, 30th November 2017

Source: www.judiciary.gov.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

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Family Law, 24th November 2017

Source: www.familylaw.co.uk

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Article 15 transfer requests – what happens next? (FE v MR and Others) – Family Law

Posted November 20th, 2017 in children, contact orders, custody, divorce, EC law, jurisdiction, news by tracey

‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’

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Family Law, 17th November 2017

Source: www.familylaw.co.uk

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

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Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by tracey

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk