Category: jurisdiction

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted January 20th, 2014 in civil procedure rules, company directors, contempt of court, jurisdiction, law reports, Saudi Arabia, service out of jurisdiction by sally

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others [2013] EWHC 4112 (QB); [2013] WLR (D) 9

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Google to face High Court case on alleged breach of UK data protection rules – OUT-LAW.com

Posted January 20th, 2014 in advertising, damages, data protection, internet, jurisdiction, news, privacy by sally

‘Google is to face a claim for damages before the High Court from three individuals who claim the company breached UK data protection laws by circumventing privacy settings deployed on their web browsers to serve them with personalised adverts.’

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OUT-LAW.com, 17th January 2014

Source: www.out-law.com

European Commission v Portuguese Republic (Czech Republic and others intervening) – WLR Daily

Posted January 17th, 2014 in EC law, jurisdiction, law reports, penalties by sally

European Commission v Portuguese Republic (Czech Republic and others intervening) (Case C-292/11 P); [2014] WLR (D) 3

‘In the case where, in the context of verification of compliance with a judgment delivered by the Court of Justice pursuant to article 260FEU of the FEU Treaty, a difference arose between the European Commission and the member state concerned as to whether national legislation or a national practice which the Court of Justice had not examined beforehand was appropriate for ensuring compliance with that judgment, the commission could not, by adopting a decision, resolve such a difference itself and draw from this the necessary inferences for the calculation of the penalty payment.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Competition round-up: January 2014 – Competition Bulletin from Blackstone Chambers

Posted January 15th, 2014 in appeals, competition, conspiracy, EC law, injunctions, jurisdiction, news by sally

‘It is again time for a round-up of recent competition law developments which have caught our attention.’

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Competition Bulletin from Blackstone Chambers, 14th January 2014

Source: www.competitionbulletin.com

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted January 8th, 2014 in aircraft, human rights, jurisdiction, law reports, patents by sally

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) [2013] EWCA Civ 1713 ; [2013] WLR (D) 511

‘The English Patents Court had no jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent on an application under article 6 of the European Convention on Human Rights and Fundamental Freedoms, since the United Kingdom’s sovereign power in relation to that issue had been surrendered to the EPO under the European Patent Convention (EPC).’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

First judgment in a judicial review of the Legal Ombudsman – 4 New Square

Posted January 7th, 2014 in fees, judicial review, jurisdiction, legal ombudsman, news, time limits by sally

‘On 20 December 2013 judgment was handed down in the first judicial review of a decision of the Legal Ombudsman (“LeO”) to reach a substantive hearing. The judgment will be of interest to lawyers and complainants wishing to challenge unappealable decisions of LeO. It is particularly (though not only) relevant to LeO decisions which direct a reduction in fees. This is an area which, in view of the absence of a limit on the amount by which LeO can reduce fees, has caused particular controversy.’

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4 New Square, 3rd January 2014

Source: www.4newsquare.com

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

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UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com

European court ‘steamrolling’ Britain, warns leading judge – Daily Telegraph

Posted December 18th, 2013 in EC law, human rights, judges, jurisdiction, news, Supreme Court by sally

‘Lord Mance warns the EU must not “steamroll” national courts to impose human rights rules on countries including the UK’

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Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

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Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

Google will not answer to British court over UK privacy claim – The Guardian

Posted December 16th, 2013 in foreign companies, interception, internet, jurisdiction, news, privacy, telecommunications by sally

‘Google has been called “arrogant and immoral” for arguing that a privacy claim brought by internet users in the UK should not be heard by the British legal system.’

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The Guardian, 15th December 2013

Source: www.guardian.co.uk

Unfair dismissal claims and competing jurisdictions – No. 5 Chambers

Posted December 12th, 2013 in employment tribunals, jurisdiction, news, unfair dismissal by sally

‘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.’

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No. 5 Chambers, 4th December 2014

Source: www.no5.com

Susan Fricker comments on Court of Appeal judgment on jurisdictional issues – Sovereign Chambers

Posted December 12th, 2013 in appeals, care orders, jurisdiction, news by sally

‘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.’

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Sovereign Chambers, 4th December 2013

Source: www.sovereignchambers.co.uk

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘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 – WLR Daily

Posted December 10th, 2013 in appeals, bail, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

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 – WLR Daily

Posted December 9th, 2013 in appeals, civil procedure rules, disclosure, employment, government departments, health & safety, jurisdiction, law reports, practice directions by sally

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

High Court judge warns of dangers of lawyers “over-specialising” – Legal Futures

Posted December 9th, 2013 in barristers, jurisdiction, legal education, legal profession, news, queen's counsel by sally

‘Specialisation in the legal profession has narrowed to the point where it is possible for a barrister to become a Queen’s Counsel without ever having cross-examined a witness, according to Mr Justice Rabinder Singh.’

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Legal Futures, 6th December 2013

Source: www.legalfutures.co.uk

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) – Supreme Court

Posted December 5th, 2013 in appeals, bail, judicial review, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) [2013] UKSC 76 | UKSC 2012/0217 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt