jurisdiction – Page 31 – Current Awareness

Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily

Posted June 13th, 2013 in appeals, company law, EC law, insolvency, jurisdiction, law reports, news, winding up by sally

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643; [2013] WLR (D) 227

“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

Legal Ombudsman chairman calls for major expansion in jurisdiction – Legal Futures

Posted June 13th, 2013 in complaints, financial advice, jurisdiction, legal ombudsman, legal services, news, reports by sally

“All consumers of legal services – using a broad definition that includes ‘linked professional services and advice that has a legal dimension’ – should have access to the Legal Ombudsman (LeO), its chairman said today.”

Full story

Legal Futures, 13th June 2013

Source: www.legalfutures.co.uk

New employment tribunal procedural rules published – OUT-LAW.com

Posted June 5th, 2013 in case management, dispute resolution, employment tribunals, jurisdiction, news by sally

“Fees will be introduced for workers wishing to raise a claim in the Employment Tribunal from 29 July 2013. Procedural rules governing the process will also change from that date.”

Full story

OUT-LAW.com, 5th June 2013

Source: www.out-law.com

Melzer v MF Global UK Ltd – WLR Daily

Posted May 24th, 2013 in conflict of laws, EC law, jurisdiction, law reports by sally

Melzer v MF Global UK Ltd: (Case C-228/11); [2013] WLR (D) 196

“The special jurisdiction in matters relating to tort under article 5(3) of Council Regulation (EC) No 44/2001 was not applicable where, in a case in which several people acting in different member states took part in allegedly harmful events, the action was brought against one of them who had not acted within the jurisdiction of the court seised, on the basis of a harmful event imputed to an accomplice or joint participant who was within the jurisdiction of the court, but who was not a party to the dispute.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

In re Tambrook Jersey Ltd; HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

Posted May 24th, 2013 in appeals, insolvency, Jersey, jurisdiction, law reports by sally

In re Tambrook Jersey Ltd: HSBC Bank plc v Tambrook Jersey Ltd: [2013] EWCA 576; [2013] WLR (D) 193

“The English court could ‘assist’ a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

What Place does Wardship have in Modern Family Proceedings? – Family Law Week

Posted May 20th, 2013 in care orders, children, jurisdiction, local government, news, wardship by sally

“Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.”

Full story

Family Law Week, 18th May 2013

Source: www.familylawweek.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

Posted April 25th, 2013 in appeals, human rights, judicial review, jurisdiction, legal representation, news, treaties by sally

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Osborne in legal challenge to European Commission over financial transaction tax – The Independent

Posted April 22nd, 2013 in EC law, jurisdiction, news, taxation by sally

“Chancellor George Osborne said an application had been lodged at the European Court of Justice to challenge the decision allowing 11 members of the European Union to press ahead with the plans.”

Full story

The Independent, 20th April 2013

Source: www.independent.co.uk

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 sally

“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