Category: jurisdiction

Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996 – Practical Law: Construction Blog

Posted July 19th, 2019 in compensation, jurisdiction, news, party walls, surveyors by tracey

‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable amount of debate among party wall surveyors, so every opportunity for judicial scrutiny and clarification should be welcomed. Therefore, the slightly unusual circumstances that unfolded in the 2012 unreported case of Davis v Trustees of 2 Mulberry Walk provides us with some useful guidance in relation to the operation of section 7(2).’

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Practical Law: Construction Blog, 17th July 2019

Source: constructionblog.practicallaw.com

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

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UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Costs award overturned after judge read ‘without prejudice’ letters – Litigation Futures

Posted July 10th, 2019 in appeals, costs, disclosure, employment tribunals, jurisdiction, news, race discrimination, religious discrimination, without prejudice communications by sally

‘A judge was wrong to make a costs order after viewing ‘without prejudice’ material relating to settlement discussions that was not marked “save as to costs”, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 9th July 2019

Source: www.litigationfutures.com

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

Posted July 2nd, 2019 in anonymity, children, civil procedure rules, closed material, coroners, courts, death in custody, inquests, jurisdiction, limitations, local government, media, news, reporting restrictions, statutory duty, suicide by sally

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Part 36 consequences “are severable”, High Court rules – Litigation Futures

Posted June 26th, 2019 in civil procedure rules, costs, judges, jurisdiction, news, part 36 offers by sally

‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’

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Legal Futures, 25th June 2019

Source: www.litigationfutures.com

Chancellor of the High Court talks about the future on visit to Germany – Courts and Tribunals Judiciary

Posted May 23rd, 2019 in artificial intelligence, brexit, computer programs, courts, jurisdiction, press releases by tracey

‘On a two-day visit to Germany, the Chancellor of the High Court, Sir Geoffrey Vos, met with judges, lawyers and officials in Bavaria and Berlin to discuss Lawtech and the work of the Business and Property Courts. He spoke at the Palace of Justice in Munich on the position of English law and UK jurisdiction after Brexit to an audience of 120 judges, lawyers and business people, all members of the British Chamber of Commerce in Germany and the Munich Juridical Society.’

Full press release

Courts and Tribunals Judiciary, 21st May 2019

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

Posted May 15th, 2019 in appeals, investigatory powers, jurisdiction, news, privacy, Supreme Court, warrants by sally

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Demand for commercial courts hits new peak as competition circles – Litigation Futures

Posted May 10th, 2019 in brexit, Commercial Court, courts, jurisdiction, London, news, statistics by sally

‘The number of commercial cases heard in London grew significantly last year, according to new research which highlights the difficulties for new international courts to challenge the UK’s position post-Brexit.’

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Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

Court can order costs in foreign currency on summary assessment – Litigation Futures

Posted May 10th, 2019 in costs, fees, indemnities, jurisdiction, news by sally

‘The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.’

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Litigation Futures, 9th May 2019

Source: www.litigationfutures.com

Impact of Brexit on UK courts “exaggerated”, judges say – Litigation Futures

Posted May 10th, 2019 in brexit, courts, dispute resolution, judges, jurisdiction, news by sally

‘The likely legal impact of Brexit on English law and the UK’s role in international dispute resolution, has been exaggerated, a Court of Appeal judge said yesterday.’

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Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

Speech by the Lord Chief Justice: English Law on the World Stage – Courts and Tribunals Judiciary

Posted May 9th, 2019 in judges, judiciary, jurisdiction, legal profession, speeches by tracey

‘Speech by the Lord Chief Justice: English Law on the World Stage.’

Full speech

Courts and Tribunals Judiciary, 8th May 2019

Source: www.judiciary.uk

Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London – Courts and Tribunals Judiciary

Posted May 8th, 2019 in brexit, judges, jurisdiction, London, speeches by tracey

‘Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London.’

Full speech

Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List – Courts and Tribunals Judiciary

Posted May 8th, 2019 in brexit, financial dispute resolution, judges, judiciary, jurisdiction, London, speeches by tracey

‘Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List.’

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Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Liverpool judge refuses to move huge claim to London – Litigation Futures

Posted April 24th, 2019 in class actions, compensation, damages, environmental protection, jurisdiction, London, miners, news, transfer of proceedings by sally

‘The High Court in Liverpool has refused to transfer one of the biggest claims ever filed in this country to the Rolls Building in London.’

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Litigation Futures, 24th April 2019

Source: www.litigationfutures.com

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

Posted April 10th, 2019 in appeals, environmental health, environmental protection, foreign jurisdictions, jurisdiction, news, personal injuries, pollution, service out of jurisdiction, Supreme Court by sally

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

Posted April 8th, 2019 in codes of practice, compensation, jurisdiction, landlord & tenant, news, rent, telecommunications, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

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OUT-LAW.com, 8th April 2019

Source: www.out-law.com

New evidence allows second valuation of works in adjudication dispute – OUT-LAW.com

Posted March 20th, 2019 in construction industry, contracts, jurisdiction, news, valuation by sally

‘A contractor has won a case in England over payment for work which was valued at nil by an adjudicator, after bringing new evidence to a later adjudication which the High Court said that the second adjudicator had jurisdiction to consider.’

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OUT-LAW.com, 19th March 2019

Source: www.out-law.com

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

Posted March 13th, 2019 in accidents, compensation, consultations, Court of Protection, damages, disclosure, jurisdiction, news, personal injuries by sally

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk

Ryanair flight rant man David Mesher ‘faces no charges’ – BBC News

Posted February 26th, 2019 in airlines, jurisdiction, news, prosecutions, racism by tracey

‘A Ryanair passenger who was filmed launching a tirade at an elderly woman on a flight has not had any charges filed against him.’

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BBC News, 25th February 2019

Source: www.bbc.co.uk