Category: jurisdiction

The Intellectual Property Enterprise Court – not just a new name – Technology Law Update

Posted October 23rd, 2013 in courts, intellectual property, judiciary, jurisdiction, news by tracey

“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”

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Technology Law Update, 22nd October 2013

Source: www.technology-law-blog.co.uk

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World – Family Law Week

Posted October 21st, 2013 in appeals, choice of forum, divorce, EC law, family courts, jurisdiction, news, stay of proceedings, Supreme Court by sally

“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”

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Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Legal claims ‘could paralyse’ armed forces – BBC News

Posted October 21st, 2013 in Afghanistan, armed forces, costs, duty of care, human rights, Iraq, jurisdiction, negligence, news, prosecutions, Supreme Court by sally

“A ‘sustained legal assault’ on British forces could have ‘catastrophic consequences’ for the safety of the nation, an influential right-leaning think tank has warned.”

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BBC News, 18th October 2013

Source: www.bbc.co.uk

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) – WLR Daily

Posted October 14th, 2013 in benefits, EC law, interpretation, jurisdiction, law reports, pensions by sally

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) (Case C-321/12); [2013] WLR (D) 375

“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Regina (Uddin) v Crown Court at Leeds – WLR Daily

Posted October 11th, 2013 in bail, indictments, judicial review, jurisdiction, law reports by sally

Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372

“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Pinckney v KDG Mediatech AG – WLR Daily

Posted October 7th, 2013 in conflict of laws, copyright, internet, jurisdiction, law reports by sally

Pinckney v KDG Mediatech AG (Case C-170/12); [2013] WLR (D) 367

“In the event of alleged infringement of copyrights protected by the member state of the court seised, the latter had jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another member state and which had, in the latter state, reproduced that work on a material support which was subsequently sold by companies established in a third member state through an Internet site also accessible with the jurisdiction of the court seised. That court had jurisdiction only to determine the damage caused in the member state within which it was situated.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Finance and Divorce Update – Family Law Week

Posted October 7th, 2013 in appeals, children, divorce, families, financial dispute resolution, financial provision, jurisdiction, news by sally

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September.”

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Family Law Week, 3rd October 2013

Source: www.familylawweek.co.uk

Alison L. Young: Prisoner Voting: Human or Constitutional Right? – UK Constitutional Law Group

Posted September 30th, 2013 in bills, elections, human rights, interpretation, jurisdiction, news, prisons, select committees by sally

“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”

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UK Constitutional Law Group, 27th September 2013

Source: www.ukconstitutionallaw.org

Surprise bid to put Shrien Dewani on trial in Britain – The Guardian

Posted September 23rd, 2013 in Crown Prosecution Service, evidence, extradition, forensic science, jurisdiction, mental health, murder, news by sally

“Lawyers for Shrien Dewani, the honeymoon murder suspect, are to ask British prosecutors to consider bringing a case against him in a dramatic attempt to avoid a trial in South Africa.”

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The Guardian, 21st September 2013

Source: www.guardian.co.uk

In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

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Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

In the matter of A (Children) (AP) – Supreme Court

Posted September 17th, 2013 in appeals, children, jurisdiction, law reports, residence orders, Supreme Court by sally

In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)

Supreme Court, 9th September 2013

Source: www.youtube.com/user/UKSupremeCourt

Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily

Posted September 16th, 2013 in appeals, complaints, conflict of laws, contract of employment, EC law, jurisdiction, law reports by tracey

Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12);   [2013] WLR (D)  346

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by tracey

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60;   [2013] WLR (D)  345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

Children: Private Law update (August 2013) – Family Law Week

Posted August 19th, 2013 in appeals, child abuse, children, costs, disclosure, families, jurisdiction, local government, news, residence orders by tracey

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

Forced Marriage and Court of Protection – No. 5 Chambers

Posted July 31st, 2013 in consent, forced marriages, jurisdiction, learning difficulties, mental health, news, sponsored immigrants by sally

“In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. This article explores the ‘typical’ forced marriage scenario, and how this compares to scenarios which crop up in the Court of Protection – where the mental capacity of the bride or groom is at the heart of the case. There is also an exploration of the case of [XCC v AA & Anor (Rev 3) [2012] EWHC 2183 (COP) (26 July 2012)] – a case in which Adreeja appeared in the first part of the litigation, and which merits close scrutiny.”

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No. 5 Chambers, 29th July 2013

Source: www.no5.com

Not equal everywhere: legal problems for gay couples who emigrate – Daily Telegraph

Posted July 31st, 2013 in civil partnerships, equality, homosexuality, immigration, jurisdiction, marriage, news by sally

“Same-sex couples face continued uncertainty over their legal rights abroad that could leave them vulnerable. Family lawyer Fiona Wood explains more.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Head in the cloud – New Law Journal

Posted July 29th, 2013 in data protection, disclosure, internet, jurisdiction, news, privacy by sally

“Robert Brown examines the implications for eDisclosure when a company’s data has moved into cyberspace.”

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New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Posted July 17th, 2013 in appeals, corruption, devolution, extradition, human rights, jurisdiction, law reports, news, Scotland, trials by sally

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Is complicity with the death penalty illegal? – UK Human Rights Blog

Posted July 17th, 2013 in appeals, death penalty, drug offences, drug trafficking, international law, jurisdiction, legal aid, news by sally

“In a previous blog post on these pages, the case of Lindsay Sandiford was examined. Sandiford – a British citizen facing the death penalty in Indonesia – had asked the UK Government for funding to help her appeal, but was refused financial help. The Court of Appeal ruled in favour of the Government, stating that the decision to provide legal aid to a British citizen abroad is a discretionary matter for the executive.”

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UK Human Rights Blog, 17th July 2013

Source: www.ukhumanrightsblog.com