‘When do Employment Tribunals have jurisdiction to hear unfair dismissal complaints brought by employees who work outside Great Britain? Nigel Brockley highlights the recent caselaw on this topic.’
No. 5 Chambers, 4th December 2014
Source: www.no5.com
‘Where the jurisdiction of the court is in issue the court should make a prompt determination of jurisdiction at or near the start of proceedings. In this case that determination of jurisdiction should have concluded with a declaration pursuant to BIIR, Article 17, that the English court had no jurisdiction other than the jurisdiction to make short term, provisional protective measures pursuant to BIIR, Article 20.’
Sovereign Chambers, 4th December 2013
Source: www.sovereignchambers.co.uk
‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’
WLR Daily, 9th December 2013
Source: www.iclr.co.uk
In re Corey [2013] UKSC 76; [2013] WLR (D) 479
‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’
WLR Daily, 4th December 2013
Source: www.iclr.co.uk
Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473
‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
Supreme Court, 4th December 2013
‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’
The Guardian, 28th November 2013
Source: www.guardian.co.uk
In re B (A Child) (Care Proceedings: Habitual Residence) [2013] EWCA Civ 1434; [2013] WLR (D) 461
‘Where a child was habitually resident in Sweden at the time when the courts of England and Wales were seised of care proceedings relating to the child, the fact that there were no extant proceedings relating to the child in Sweden did not prevent the Swedish courts having jurisdiction under article 8 of Council Regulation (EC) No 2201/2003.’
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
Isis Investments Ltd v Oscatello Investments Ltd and others [2013] EWCA Civ 1493; [2013] WLR (D) 459
“Articles 10(2)(e) and 32 of Council Directive 2001/24/EC required a careful construction of the phrases ‘lawsuits pending’ and ‘pending lawsuit’ if one were to rely on the provisions in order to permit a departure from the general principle contained within article 10(1) that a credit institution should be wound up in accordance with the laws of its home member state.”
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’
Competition Bulletin from Blackstone Chambers, 24th November 2013
Source: www.competitionbulletin.com
General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin); [2013] WLR (D) 447
“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444
“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Supreme Court, 6th November 2013
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”
The Guardian, 5th November 2013
Source: www.guardian.co.uk
“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
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