Category: jurisdiction

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

Abortion and the cognitively impaired mother – Halsbury’s Law Exchange

Posted January 21st, 2013 in abortion, jurisdiction, learning difficulties, news, parental rights by sally

“It will be interesting to watch the reception of a recent Court of Protection case, as yet unreported, in which a woman with profound learning difficulties was found to have capacity to decide not to terminate her pregnancy.”

Full story

Halsbury’s Law Exchange, 21st January 2013

Source: www.halsburyslawexchange.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted January 11th, 2013 in competition, EC law, jurisdiction, law reports, tribunals, unlawful means conspiracy by sally

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Pensions Ombudsman v EMC Europe Ltd and others – WLR Daily

Posted December 20th, 2012 in compromise, jurisdiction, law reports, ombudsmen, pensions, setting aside, third parties, trusts by sally

Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382

“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by sally

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Court of Protection Update – Family Law Week

Posted December 7th, 2012 in Court of Protection, joinder, jurisdiction, medical treatment, news by sally

“Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.”

Full story

Family Law Week, 6th December 2012

Source: www.familylawweek.co.uk

In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Another reason to avoid the CAT – Emerson in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted December 4th, 2012 in appeals, competition, jurisdiction, news by sally

“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:

‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’

The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”

Full story

Competition Bulletin from Blackstone Chambers, 4th December 2012

Source: www.competitionbulletin.com

The inherent jurisdiction: where are we now? – Thirty Nine Essex Street

Posted December 4th, 2012 in jurisdiction, mental health, news by sally

“That very significant vestiges of the High Court’s inherent jurisdiction to grant declaratory and injunctive relief have survived the implementation of the MCA 2005 is now clear. However, what is very much less clear is precisely: (1) how far the inherent jurisdiction has survived; and (2) how the High Court can or should exercise its powers under the inherent jurisdiction in respect of those who can only be afforded protection by way of its exercise. Cases decided since the beginning of the year have perhaps made the answers less rather than more clear, and this note seeks to draw together some of the threads, as much to provoke discussion as to offer solutions. It concludes with a brief discussion of the prospects for statutory reform in the area in the shape of the draft Care and Support Bill.”

Full story (PDF)

Thirty Nine Essex Street, December 2012

Source: www.39essex.com

Appleyard v Wewelwala – WLR Daily

Posted November 27th, 2012 in bankruptcy, jurisdiction, law reports, remuneration, trustees in bankruptcy by sally

Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345

“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another – WLR Daily

Posted November 27th, 2012 in jurisdiction, law reports, Privy Council by sally

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another [2012] UKPC 39; [2012] WLR (D) 344

“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk