Category: jurisdiction

Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2021

Source: www.localgovernmentlawyer.co.uk

Revocation of adoption orders – Local Government Lawyer

Posted September 3rd, 2021 in adoption, appeals, child cruelty, children, coronavirus, families, fostering, jurisdiction, local government, news, remote hearings by tracey

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

Posted September 3rd, 2021 in cohabitation, divorce, families, financial dispute resolution, foreign jurisdictions, jurisdiction, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

Posted August 27th, 2021 in care orders, children, families, foreign jurisdictions, human rights, jurisdiction, local government, news by tracey

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

Posted August 13th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, local government, news, Supreme Court by tracey

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

Posted August 6th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, news, Supreme Court by tracey

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

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Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

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Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

Posted July 29th, 2021 in appeals, bias, chambers articles, Commercial Court, confidentiality, disciplinary procedures, disclosure, jurisdiction, news, sport by sally

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

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Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

Posted July 7th, 2021 in anonymity, birth, causing death of children or vulnerable adults, children, damages, doctors, families, family courts, freedom of expression, hospitals, human rights, jurisdiction, media, negligence, news, reporting restrictions, whistleblowers by sally

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

Employment Tribunals: Interim Relief and the Equality Act 2010: Court of Appeal Declines to Extend the Relief – Littleton Chambers

Posted June 17th, 2021 in employment tribunals, equality, human rights, jurisdiction, news, sex discrimination, whistleblowers by sally

‘For a few months, a radical change to employment law practice appeared to be in prospect.’

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Littleton Chambers, 16th June 2021

Source: littletonchambers.com

Court sanctions Part 26A restructuring plan – Mills & Reeve

Posted June 10th, 2021 in choice of forum, company law, conflict of laws, insolvency, jurisdiction, news by sally

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

Posted June 4th, 2021 in children, disabled persons, families, family courts, hospitals, human rights, Judaism, jurisdiction, medical treatment, news by sally

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

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UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

Posted May 26th, 2021 in documents, fraud, freedom of information, jurisdiction, media, news, third parties by sally

‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

Posted May 26th, 2021 in appeals, indemnities, interpretation, jurisdiction, law firms, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court by sally

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers

Posted May 17th, 2021 in chambers articles, injunctions, jurisdiction, local government, news, travellers by sally

‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’

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Radcliffe Chambers, 13th May 2021

Source: radcliffechambers.com

Buckland wants “most accessible justice system in the world” – Litigation Futures

Posted May 17th, 2021 in dispute resolution, jurisdiction, Ministry of Justice, news by sally

‘Lord Chancellor Robert Buckland declared yesterday that he aims to deliver a justice system across the UK “that is more accessible than any other jurisdiction on this planet”.’

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Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by tracey

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk