jurisdiction – Page 30 – Current Awareness

The changing Face(book) of family law – New Law Journal

Posted April 16th, 2013 in disclosure, divorce, internet, jurisdiction, news, privacy by sally

“Research carried out by Divorce-Online in 2012 highlights the huge significance that social media now has to family law. The study found that one in three divorce petitions in the UK list Facebook as a contributing factor, with flirtatious e-mails and messages sent on the site being one of the most commonly cited examples of unreasonable behaviour. Office romances and affairs that took months or even years to develop in the real world can now happen almost instantaneously on Facebook and Twitter. People can connect and become ‘friends’ even if they have only met once or twice, and social media sites provide an easy forum for couples to inadvertently arouse the suspicions of their partners.”

Full story

New Law Journal, 12th April 2013

Source: www.newlawjournal.co.uk

International Children Law Update – Family Law Week

Posted April 5th, 2013 in arbitration, children, enforcement, international law, jurisdiction, news, residence orders, treaties by sally

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

Full story

Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

Foreign lawsuits may face higher UK legal fees – The Guardian

Posted March 27th, 2013 in courts, fees, jurisdiction, legal services, news by tracey

“Higher fees may be introduced for foreign businessmen and Russian oligarchs who pursue their multimillion-pound disputes in British courts, under a review announced on Tuesday.”

Full story

The Guardian, 26th March 2013

Source: www.guardian.co.uk

Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Westfields Construction Ltd v Lewis – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93

“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Daejan Investments Limited (Appellant) v Benson and others (Respondents) – Supreme Court

Posted March 11th, 2013 in appeals, consultations, jurisdiction, landlord & tenant, law reports, service charges, Supreme Court by sally

Daejan Investments Limited (Appellant) v Benson and others (Respondents) [2013] UKSC 14 | UKSC 2011/0057 (YouTube)

Supreme Court, 6th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Finance and Divorce Update – Family Law Week

Posted March 6th, 2013 in bills, civil partnerships, divorce, jurisdiction, news, ombudsmen, statistics by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse February’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 5th March 2013

Source: www.familylawweek.com

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

Posted March 4th, 2013 in children, costs, family courts, fostering, guardianship, housing, jurisdiction, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

Full story

Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

Posted March 4th, 2013 in artistic works, copyright, EC law, injunctions, internet, interpretation, jurisdiction, law reports by sally

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Posted March 4th, 2013 in administrators, appeals, EC law, insolvency, jurisdiction, law reports, Supreme Court, winding up by sally

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children) – Family Law Week

Posted February 22nd, 2013 in appeals, child abuse, judgments, judiciary, jurisdiction, news, Supreme Court by sally

“Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.”

Full story

Family Law Week, 22nd February 2013

Source: www.familylawweek.co.uk

Subsidiaries as “branches” for undertakings: a new route to jurisdiction under Article 5(5) of the Brussels Regulation? – Competition Bulletin from Blackstone Chambers

Posted February 15th, 2013 in competition, conflict of laws, EC law, jurisdiction, news, subsidiary companies by sally

“Stand alone, follow on and hybrid damages claims arising out of multijurisdictional cartels are generating some of the most novel and interesting current problems in conflicts of laws, both in relation to issues of jurisdiction and applicable law. On the jurisdictional side conventional wisdom has it that there are three main routes by which Claimants can seize English jurisdiction.”

Full story

Competition Bulletin from Blackstone Chambers, 14th February 2013

Source: www.competitionbulletin.com

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Posted February 11th, 2013 in abuse of process, HM Revenue & Customs, judicial review, jurisdiction, law reports, taxation, tribunals by sally

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

A new European approach to business failure and insolvency – Hardwicke Chambers

Posted February 8th, 2013 in EC law, enforcement, insolvency, jurisdiction, news, regulations by sally

“In December 2012, alongside the new European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, the European Commission released its proposal for a new Insolvency Regulation which is put forward to amend the current European Regulation on insolvency proceedings2 adopted on 29 May 2000.”

Full story

Hardwicke Chambers, 1st February 2013

Source: www.hardwicke.co.uk

Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

Full story (PDF)

11 Stone Buildings, January 2013

Source: www.11sb.com

COMI, bankruptcy tourism and forum shopping – 11 Stone Buildings

Posted February 7th, 2013 in bankruptcy, choice of forum, insolvency, jurisdiction, news by sally

“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

Hamilton v Hamilton – WLR Daily

Posted January 28th, 2013 in appeals, dispute resolution, divorce, financial provision, jurisdiction, law reports by sally

Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26

“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

Full story

Family Law Week, 21st January 2013

Source: www.familylawweek.com

Regina (Crown Prosecution Service) v Bolton Crown Court – WLR Daily

Posted January 21st, 2013 in costs, Crown Prosecution Service, judicial review, jurisdiction, law reports, legal representation by sally

Regina (Crown Prosecution Service) v Bolton Crown Court [2012] EWHC 3570 (Admin); [2013] WLR (D) 13

“The Crown Court had no power under regulation 3 of the Costs in Criminal Cases Regulations 1986, made under section 19(1) of the Prosecution of Offences Act 1985, to make a costs order against a party to criminal proceedings in favour of another party’s counsel.”

WLR Daily, January 2013

Source: www.iclr.co.uk