‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’
Local Government Lawyer, 29th April 2022
Source: www.localgovernmentlawyer.co.uk
‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’
Practical Law: Construction Blog, 11th April 2022
‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’
Local Government Lawyer, 7th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’
Falcon Chambers, March 2022
Source: www.falcon-chambers.com
‘Parties in the latest round of litigation involving a controversial claim to have originated the Bitcoin digital currency have been warned by a judge against using the courts as a vehicle for their animosity. Ruling in an application over the choice of London as a jurisdiction, Mrs Justice Falk also set out what was hailed as a landmark statement of the law relating to blockchain encryption technology.’
Law Society's Gazette, 28th March 2022
Source: www.lawgazette.co.uk
‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’
Practical Law: Construction Blog, 2nd March 2022
‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’
UK Human Rights Blog, 3rd March 2022
Source: ukhumanrightsblog.com
‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’
Legal Futures, 4th March 2022
Source: www.legalfutures.co.uk
‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’
Practical Law: Construction Blog, 16th February 2022
‘It was confirmed on 18 January 2020 that Magistrates are to have their sentencing powers increased in the coming months, granting them broader power than ever before. The most significant change is that Magistrates’ will be able to impose a sentence of up to 12 months in custody which is double the previous maximum sentence. Effectively, this means that Magistrates will be able to accept jurisdiction for more serious either way offences, such as for Fraud, Theft or Assault, which would have originally been sent to the Crown Court without giving the Defendant the option to elect to remain in the Magistrates’.’
Pump Court Chambers, 7th February 2022
Source: www.pumpcourtchambers.com
‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’
UKSC Blog, 3rd February 2022
Source: ukscblog.com
‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’
OUT-LAW.com, 19th November 2021
Source: www.pinsentmasons.com
‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’
Local Government Lawyer, 9th November 2021
Source: www.localgovernmentlawyer.co.uk
‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.
Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.
One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’
Practical Law: Construction Blog, 3rd November 2021
‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’
St Ives Chambers, 12th October 2021
Source: www.stiveschambers.co.uk
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’
OUT-LAW.com, 5th October 2021
Source: www.pinsentmasons.com
‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’
Local Government Lawyer, 13th September 2021
Source: www.localgovernmentlawyer.co.uk
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