Category: jurisdiction

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Posted February 20th, 2015 in appeals, conflict of laws, diplomats, employment, human rights, immigration, immunity, jurisdiction, law reports, race discrimination, trafficking in human beings by sally

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by tracey

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

Full story

Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by tracey

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

Full story

Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

In re APCOA Parking Holdings GmbH and others – WLR Daily

Posted December 2nd, 2014 in company law, jurisdiction, law reports, news, schemes of arrangement by sally

In re APCOA Parking Holdings GmbH and others [2014] EWHC 3849 (Ch); [2014] WLR (D) 499

‘The court had jurisdiction to sanction a scheme of arrangement pursuant to Part 26 of the Companies Act 2006 where, pursuant to a change of law clause in a facilities agreement governing the indebtedness of the scheme companies, a change of governing law to English law had been effected, even though the parties were incorporated in another jurisdiction and had COMI in another jurisdiction. The change of law was valid even where the original choice of law was the foundation for access to the processes and provisions of the new law chosen and those processes and provisions enabled the same parties as objected to the change of law to be placed under compulsion to accept some further change in their existing contractual rights.’

WLR Daily, 19th November 2014

Source: www.iclr.co.uk

Same sex couples – now with added marriage – Tanfield Chambers

Posted November 27th, 2014 in civil partnerships, divorce, financial provision, homosexuality, jurisdiction, marriage, news by sally

‘MSSCA 2013 does not create a new status of “same sex marriage” 1 (SSM). It extends the
existing institution of marriage to same sex couples:
s.1 The marriage of same sex couples is lawful.
s.11(1) In the law of England and Wales, marriage has the same effect’

Full story (PDF)

Tanfield Chambers, 14th November 2014

Source: www.tanfieldchambers.co.uk

Unlawful detention: UK government ‘can be sued’, court rules – BBC News

Posted November 20th, 2014 in detention, jurisdiction, news, rendition, state immunity, torture by tracey

‘A Pakistani man can sue the UK government over claims he was unlawfully detained and tortured by British soldiers in Iraq, the High Court has ruled. Yunus Rahmatullah was captured in 2004, then sent from British to US custody and held for 10 years without charge.’

Full story

BBC News, 19th November 2014

Source: www.bbc.co.uk

Regina (Harkins) v Secretary of State for the Home Department and another – WLR Daily

Posted November 18th, 2014 in extradition, jurisdiction, law reports by sally

Regina (Harkins) v Secretary of State for the Home Department and another [2014] EWHC 3609 (Admin); [2014] WLR (D) 485

‘The test to be used for re-opening a judicial review of a decision to extradite was analogous to that in CPR r 52.17.
The Divisional Court so held in refusing Phillip Harkins’s renewed application for permission to claim judicial review of the Secretary of State for the Home Department’s decision that he should be extradited to the United States of America on charges of murder and attempted robbery. The Government of the USA was joined as an interested party.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

New rules on remote gambling set to come into force – OUT-LAW.com

Posted November 3rd, 2014 in advertising, complaints, gambling, jurisdiction, licensing, news, ombudsmen by sally

‘Organisations which provide or advertise remote gambling facilities in Great Britain must now be licensed by the Gambling Commission regardless of where those organisations are based in the world, under new rules that come into force tomorrow [1 November].’

Full story

OUT-LAW.com, 31st October 2014

Source: www.out-law.com

Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd – WLR Daily

Posted October 28th, 2014 in complaints, consumer protection, financial regulation, financial services ombudsman, jurisdiction, law reports by sally

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin); [2014] WLR (D) 438

‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’

WLR Daily, 20th October 2014

Source: www.iclr.co.uk

UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

Multi-million pound divorce ‘can be heard in England’ – BBC News

Posted October 20th, 2014 in divorce, financial dispute resolution, jurisdiction, news by sally

‘A multi-million pound divorce between a wealthy Malaysian couple can be heard in an English court, a judge has ruled.’

Full story

BBC News, 17th October 2014

Source: www.bbc.co.uk

The Supreme Court and the Rule of Law – Speech by Lord Neuberger

Posted October 13th, 2014 in appeals, armed forces, assisted suicide, asylum, EC law, freedom of expression, human rights, immigration, jurisdiction, media, news, privacy, race discrimination, railways, rule of law, school children, Supreme Court by sally

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog

Posted October 10th, 2014 in constitutional law, EC law, human rights, jurisdiction, news, treaties by sally

‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’

Full story

UK Human Rights Blog, 9th October 2014

Source: www.ukhumanrightsblog.com

European Convention on Human Rights: What has it ever done for us? – The Independent

Posted October 6th, 2014 in armed forces, children, compensation, cross-examination, disabled persons, DNA, domestic violence, education, elderly, families, health, hospitals, human rights, jurisdiction, learning difficulties, libraries, local government, news, police, political parties, privacy, proportionality, public interest, rape, suicide, torture, trafficking in human beings by sally

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

Conservatives plan to scrap Human Rights Act – read the full document – The Guardian

Posted October 6th, 2014 in human rights, jurisdiction, news, political parties by sally

‘Chris Grayling’s eight-page strategy paper ‘Protecting human rights in the UK’ promises to ‘restore sovereignty to Westminster’ through a parliamentary override, breaking the formal link between British courts and the European court of human rights.’

Full document

The Guardian, 3rd October 2014

Source: www.guardian.co.uk

The Fragility of Human Rights – UK Human Rights Blog

Posted October 6th, 2014 in constitutional law, human rights, jurisdiction, news, political parties by sally

‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’

Full story

UK Human Rights Blog, 5th October 2014

Source: www.ukhumanrightsblog.com