Category: jurisdiction

The County Court challenge: a practical view from the Bar – Littleton Chambers

Posted May 12th, 2014 in civil procedure rules, county courts, damages, equity, jurisdiction, news by sally

‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’

Full story (PDF)

Littleton Chambers, 7th May 2014

Source: www.littletonchambers.com

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel – WLR Daily

Posted May 8th, 2014 in jurisdiction, landlord & tenant, law reports, leases, tribunals by tracey

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185

‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by tracey

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Posted April 10th, 2014 in appeals, competition, EC law, fines, jurisdiction, law reports, Supreme Court, tribunals, whistleblowers by sally

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

Full story

Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

Ramdeen v State of Trinidad and Tobago – WLR Daily

Posted April 3rd, 2014 in appeals, death penalty, jurisdiction, law reports, Privy Council, sentencing, Trinidad & Tobago by tracey

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Ramdeen (Appellant) v The State (Respondent) – Judicial Committee of the Privy Council

Posted April 2nd, 2014 in appeals, death penalty, jurisdiction, law reports, murder, Privy Council by sally

Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)

Supreme Court, 27th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Care Proceedings: The European Dimension – Family Law Week

Posted March 26th, 2014 in adoption, care orders, children, EC law, families, human rights, jurisdiction, local government, news by sally

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

Full story

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

Posted March 19th, 2014 in human rights, interpretation, judiciary, jurisdiction, parliament, speeches, Supreme Court by tracey

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014’

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Gohil v Gohil (No 2) – WLR Daily

Posted March 17th, 2014 in consent orders, disclosure, evidence, family courts, financial provision, jurisdiction, law reports, setting aside by tracey

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

Posted March 12th, 2014 in Administrative Court, cancer, compensation, damages, data protection, disclosure, employment, HM Revenue & Customs, inquests, judicial review, jurisdiction, news, solicitors by tracey

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

Full story

Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning – Employment Law Blog

Posted March 8th, 2014 in age discrimination, equality, jurisdiction, news, unfair dismissal, victimisation by sally

‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’

Full story

Employment Law Blog, 7th March 2014

Source: www.employment11kbw.com

Rowstock Ltd and another v Jessemey – WLR Daily

Posted February 28th, 2014 in age discrimination, equality, jurisdiction, law reports, unfair dismissal, victimisation by sally

Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185; [2014] WLR (D) 101

‘The Court of Appeal so stated when allowing the appeal of the claimant, Mr P Jessemey, against a decision of the Employment Appeal Tribunal on 5 March 2013 [2013] ICR 807 dismissing his appeal against a decision by the employment tribunal sitting at Reading to dismiss his claim against his former employer Rowstock Ltd and its director Mr Davis for victimisation pursuant to section 108 of the Equality Act 2010.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Nottingham City Council v LM and others – WLR Daily

Posted February 28th, 2014 in care orders, children, conflict of laws, EC law, jurisdiction, law reports by sally

Nottingham City Council v LM and others [2014] EWCA Civ 152; [2014] WLR (D) 92

‘Jurisdiction had to be considered in every children case with an international element and at the earliest opportunity, particularly when the proceedings were issued and at the case management hearing.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Whole-life jail terms loom for Lee Rigby killers Adebolajo and Adebowale, who will be sentenced next week – The Independent

Posted February 19th, 2014 in appeals, armed forces, human rights, imprisonment, jurisdiction, murder, news, sentencing by sally

‘The two men convicted of murdering Lee Rigby will be sentenced next week, after a key ruling was handed down today regarding the use of whole-life jail terms.’

Full story

The Independent, 18th February 2014

Source: www.independent.co.uk