jurisdiction – Page 20 – Current Awareness

The dark face of our imperial past – UK Human Rights Blog

Posted November 30th, 2015 in armed forces, colonies, delay, human rights, inquests, inquiries, jurisdiction, news by sally

‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians at Batang Kali. The Court held that (1) the lapse of time meant that there was no Article 2 requirement to hold an inquiry; (2) a duty to hold an inquiry could not be implied into common law under the principles of customary international law; and (3) the decision not to hold an inquiry under the Inquiries Act 2005 was not open to challenge on ordinary judicial review principles. However, the Supreme Court did hold that the deaths were within the United Kingdom’s jurisdiction for the purposes of the application of the ECHR.’

UK Human Rights Blog, 30th November 2015

Source: www.ukhumanrightsblog.com

“… this can no longer be tolerated”: a short guide to the correct use of section 20, Children Act 1989 – Family Law Week

Posted November 11th, 2015 in adoption, children, codes of practice, consent, jurisdiction, local government, news, parental responsibility, social services by sally

‘Alex Laing, barrister of Coram Chambers, concludes his review of N (Children) (Adoption: Jurisdiction) by considering what the President said about section 20 agreements.’

Family Law Week, 11th November 2015

source: www.familylawweek.co.uk

The Sun’s ‘cleavage week’ ads escape ban – The Guardian

Posted October 21st, 2015 in advertising, complaints, jurisdiction, media, news, ombudsmen, photography, women by sally

‘A competition in the Sun inviting readers to submit a photo of their cleavage for the chance to win £1,000 has escaped a ban from the advertising watchdog.’

The Guardian, 21st October 2015

Source: www.guardian.co.uk

Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog

Posted October 12th, 2015 in cancer, children, consent, EC law, human rights, jurisdiction, legal aid, medical treatment, medicines, news by tracey

‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled.” ‘

UK Human Rights Blog, 11th October 2015

Source: www.ukhumanrightsblog.com

Finance & Divorce Update October 2015 – Family Law Week

Posted October 12th, 2015 in appeals, confidentiality, consultations, costs, disclosure, divorce, enforcement, families, family courts, fees, financial dispute resolution, financial provision, jurisdiction, Law Commission, legal services, media, news, privacy, reporting restrictions, statistics by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

Posted October 5th, 2015 in appeals, civil procedure rules, competition, consumer protection, damages, EC law, jurisdiction, limitations, news, tribunals by sally

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

Posted October 5th, 2015 in confidentiality, disclosure, doctors, documents, expert witnesses, family courts, jurisdiction, news, privacy, proportionality by sally

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Panopticon, 1st October 2015

Source: www.panopticonblog.com

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

Posted October 5th, 2015 in asylum, deportation, human rights, immigration, jurisdiction, news, refugees, Supreme Court, torture, United Nations by sally

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Tech 21 UK Ltd v Logitech Europe SA – WLR Daily

Posted October 2nd, 2015 in Community designs, intellectual property, jurisdiction, law reports by tracey

Tech 21 UK Ltd v Logitech Europe SA: [2015] EWHC 2614 (Ch); [2015] WLR (D) 389

‘It is not right to characterise a claim under regulation 2 of the Community Design Regulations 2005 (SI 2005/2339) as one for a declaration of non-infringement.’

WLR Daily, 15th September 2015

Source: www.iclr.co.uk

Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

Can access to justice in employment disputes be restored by a new single jurisdiction? – Halsbury’s Law Exchange

Posted September 21st, 2015 in costs, dispute resolution, employment tribunals, jurisdiction, news by sally

‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’

Halsbury’s Law Exchange, 18th September 2015

Source: www.halsburyslawexchange.co.uk

Diver jailed for fraudulently selling three cannon found in UK waters – The Guardian

Posted September 7th, 2015 in costs, fraud, jurisdiction, news, proceeds of crime, sentencing, weapons, wrecks by sally

‘A professional diver has been jailed for two years after he falsely claimed to have found three rare 17th-century cannon in international waters so he could sell them to the highest bidder rather than surrendering them to the nation.’

The Guardian, 4th September 2015

Source: www.guardian.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

Posted September 7th, 2015 in Administrative Court, appeals, case management, Court of Protection, declaratory judgment, disabled persons, human rights, jurisdiction, news, statutory duty by sally

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

No. 5 Chambers, 2nd September 2015

Source: www.no5.com

What the Ashley Madison case highlights about jurisdiction in data protection cases – OUT-LAW.com

Posted August 26th, 2015 in data protection, EC law, internet, jurisdiction, news by sally

‘FOCUS: The Ashley Madison data breach case highlights the unsatisfactory lack of clarity that exists over which data protection laws apply to businesses that operate across the world.’

OUT-LAW.com, 24th August 2015

Source: www.out-law.com

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Posted August 21st, 2015 in adoption, appeals, care orders, children, EC law, families, family courts, human rights, jurisdiction, law reports, local government, transfer of proceedings by sally

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

No. 5 Chambers, 6th July 2015

Source: www.no5.com

A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

Posted July 27th, 2015 in accidents, civil procedure rules, holidays, jurisdiction, news, personal injuries, witnesses by sally

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Insolvency–when can secondary proceedings in other member states be opened? – 11 Stone Buildings

Posted July 25th, 2015 in EC law, insolvency, jurisdiction, news, subsidiary companies by sally

‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant point to be taken from this case is that those who plan to open, or have opened, main insolvency proceedings can do little to prevent secondary proceedings being opened in another member state.’

Full story (PDF)

11 Stone Buildings, July 2015

Source: www.11sb.com

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