Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn – WLR Daily

Posted July 27th, 2012 in appeals, arbitration, jurisdiction, law reports by sally

Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225

“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk

Mahamdia v People’s Democratic Republic of Algeria – WLR Daily

Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11);  [2012] WLR (D)  218

“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Warnings over abduction treaty – BBC News

“An international treaty designed to ensure the swift return of children abducted abroad by a parent needs to be implemented faster, researchers say.”

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BBC News, 22nd July 2012

Source: www.bbc.co.uk

Decision on extradition treaties is overdue – The Guardian

Posted June 25th, 2012 in extradition, judiciary, jurisdiction, news, prosecutions, treaties, warrants by sally

“Theresa May’s response to the extradition treaty review has become even more pressing amid the Richard O’Dwyer case.”

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The Guardian, 25th June 2012

Source: www.guardian.co.uk

Bar Council Responds to Consultation on Separate Legal Jurisdiction for Wales – The Bar Council

Posted June 21st, 2012 in consultations, jurisdiction, news, Wales by sally

“The Bar Council has responded to the Welsh Government’s consultation on whether there should be a separate legal jurisdiction for Wales. The Bar Council does not express a view on this matter, which is essentially a political question, but it seeks to identify a number of practical issues relevant to arguments for and against the proposition.”

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The Bar Council, 20th June 2012

Source: www.barcouncil.org.uk

Regina (Horne and another) v Central Criminal Court – WLR Daily

Posted May 24th, 2012 in confiscation, jurisdiction, law reports, proceeds of crime, sentencing by sally

Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156

“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Will the human rights court throw Britain a lifeline on prisoner votes? – The Guardian

Posted May 21st, 2012 in elections, human rights, jurisdiction, news, prisons by sally

“If Strasbourg upholds its previous judgments, Cameron shouldn’t expect the bill of rights commission to come to his rescue.”

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The Guardian, 21st May 2012

Source: www.guardian.co.uk

Supreme Court judge on war, intelligence and the retreat of judicial deference – UK Human Rights Blog

“The recent standoff between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled.”

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UK Human Rights Blog, 20th May 2012

Source: www.ukhumanrightsblog.com

Extradition: where and why? – Halsbury’s Law Exchange

Posted May 3rd, 2012 in evidence, extradition, jurisdiction, news by sally

“The past few months have seen a great many column inches dedicated to the issue of extradition. The dismissal of the extradition challenges by Abu Hamza and others has led to many commentators heaping praise on the ECtHR for making the correct choice in granting the extradition of these men to the US. The attempt by the Home Secretary to deport Abu Qatada to Jordan continues to stimulate debate and raise erudite procedural issues.”

Full story

Halsbury’s Law Exchange, 2nd May 2012

Source: www.halsburyslawexchange.co.uk

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“ – WLR Daily

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10);  [2012] WLR (D)  123

“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH – WLR Daily

Posted April 25th, 2012 in advertising, EC law, internet, jurisdiction, law reports, trade marks by sally

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117

“Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country-specific top-level domain of another member state could be brought before either the courts of the member state in which the trade mark was registered or the courts of the member state of the place of establishment of the advertiser.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

The Brighton Declaration and the “meddling court” – UK Human Rights Blog

Posted April 23rd, 2012 in admissibility, courts, human rights, judiciary, jurisdiction, news by sally

“The Brighton Declaration is the latest Declaration (see previously the Interlaken and Izmir Declarations) on the future (and reform) of the European Court of Human Rights made on behalf of the 47 member States to the Council of Europe, the parent organisation for the ECHR. Brighton was the venue, the United Kingdom having taken up the six month Chairmanship of the Committee of Ministers of the Council of Europe late last year.”

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UK Human Rights Blog, 22nd April 2012

Source: www.ukhumanrightsblog.com

Ken Clarke: ECHR reforms ‘will cut UK’s frustration’ – BBC News

Posted April 23rd, 2012 in admissibility, appeals, courts, deportation, human rights, judiciary, jurisdiction, news by sally

“Ken Clarke has said changes to the European Court of Human Rights will reduce ‘frustration’ over cases such as the proposed deportation of Abu Qatada.”

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BBC News, 22nd April 2012

Source: www.bbc.co.uk

Yes, criticise individual cases but Strasbourg court should develop law – The Guardian

Posted April 23rd, 2012 in admissibility, human rights, judiciary, jurisdiction, news by sally

“Report shows most criticism of judgments from European court of human rights is fact-specific.”

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The Guardian, 20th April 2012

Source: www.guardian.co.uk

Vulnerable adults still protected by High Court’s “great safety net” – UK Human Rights Blog

Posted April 10th, 2012 in appeals, human rights, jurisdiction, mental health, news by sally

“Where adults have capacity under the Mental Capacity Act 2005 (MCA 2005), does the ‘great safety net’ of the High Court’s inherent jurisdiction still exist to guard them from the effect on their decision making of undue influence, coercion, duress etc? In its judgment handed down on 28 March 2012, the Court of Appeal confirmed that it does.”

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UK Human Rights Blog, 6th April 2012

Source: www.ukhumanrightsblog.com

Innovia Films Ltd v Frito-Lay North America Inc – WLR Daily

Posted April 5th, 2012 in jurisdiction, law reports, patents by sally

Innovia Films Ltd v Frito-Lay North America Inc [2012] EWHC 790 (Pat); [2012] WLR (D) 107

“Where a court had jurisdiction under section 82(4)(b) of the Patents Act 1977 to determine a question to which section 82 applied, the court’s jurisdiction was exclusive of all other possible jurisdictions.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98

“Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that the English court had jurisdiction under article 31.1 to entertain an action against one of a series of carriers of the same goods did not enable successive carriers of those goods, in respect of whom the court did not otherwise have jurisdiction under article 31.1, to be joined in the same proceedings.”

WLR Daily, 23rd March 2012

Source: www.iclr.co.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Former cricketer Chris Cairns sues in libel tourism case – Daily Telegraph

“Ex-New Zealand cricketer Chris Cairns, who is suing a former Indian Premier League boss over a Twitter posting, will have his case heard by the High Court today in the latest example of libel tourism.”

Full story

Daily Telegraph, 5th March 2012

Source: www.telegraph.co.uk