Christopher Tappin extradition ‘highlights problems’ – The Independent

Posted February 29th, 2012 in extradition, jurisdiction, news, sentencing, treaties by tracey

” The extradition of a British businessman has highlighted problems with the treaty between the UK and the United States which are not ‘readily curable’, the Attorney General said today.”

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The Independent, 28th February 2012

Source: www.independent.co.uk

High Street Gloom, Adjudication Boom – Hardwicke Chambers

Posted February 15th, 2012 in abuse of process, dispute resolution, jurisdiction, news by sally

“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”

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Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Preddy and another v Bull and another – WLR Daily

Preddy and another v Bull and another [2012] EWCA Civ 83; [2012] WLR (D) 30

“By operating a policy of restricting occupancy of double-bedded rooms in their hotel to married couples, the defendants had discriminated directly against the claimant, a homosexual couple. The defendants’ policy, dictated by their religious belief that it was sinful for heterosexual or homosexual couples to have sexual relations outside marriage, was not protected under the Equality Act (Sexual Orientation) Regulations 2007 because the former could be married but the latter could not. The restriction was therefore absolute in relation to homosexuals but not in relation to heterosexuals, and constituted discrimination on grounds of sexual orientation. No individual was entitled to manifest his religious belief when and where he chose so as to obtain exemption in all circumstances from some legislative provisions of general application. Furthermore, by virtue of article 9(2 ) of the Convention for the Protection of Human Rights and Fundamental Freedoms, the right to manifest one’s own religious belief, as opposed to the right to hold it, was qualified by such ‘limitations as are prescribed by law and are necessary in a democratic society … for the protection of the rights and freedoms of others’ such as the claimants’ rights which were protected under the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 10th February 2012

Source: www.iclr.co.uk

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

“An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.”

WLR Daily, 8th February 2012

Source: www.iclr.co.uk

Schmitt v Deichmann and others – WLR Daily

Posted January 25th, 2012 in administrators, foreign companies, fraud, insolvency, jurisdiction, law reports by sally

Schmitt v Deichmann and others [2012] EWHC 62 (Ch); [2012] WLR (D) 8

“The court had an inherent jurisdiction under the common law to permit the statutory power under section 423 of the Insolvency Act 1986, preventing transactions defrauding creditors, to be applied to a foreign administrator not falling within the express scope of the 1986 Act.”

WLR Daily, 23rd January 2012

Source: www.iclr.co.uk

Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily

Posted January 24th, 2012 in appeals, injunctions, jurisdiction, law reports, vexatious litigants by sally

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Is the European Court of Human Rights obsessively interventionist? – Andrew Tickell – UK Human Rights Blog

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

“Marie-Bénédicte Dembour calls them ‘forgotten cases’. As Adam Wagner demonstrated in a blog post of last week, Eurosceptic newspapers have a particular interest in overlooking the European Court of Human Right’s decisions of inadmissibility, seeking to buttress claims that the Court is wildly interventionist, imposing alien ‘European’ logics on Britain with gleeful abandon.”

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Chancery Lane warns against move to limit jury trial – Law Sociey’s Gazette

Posted January 18th, 2012 in budgets, Crown Court, juries, jurisdiction, news, trials by sally

“The Law Society president has defended the right to jury trial following reports that the government is considering removing some offences from the jurisdiction of the Crown court.”

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Law Society’s Gazette, 18th January 2012

Source: www.lawgazette.co.uk

Consultation opens on separate jurisdiction for Wales – Law Society’sWelsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality – Law Society’s Gazette

Posted January 5th, 2012 in constitutional reform, consultations, jurisdiction, news, Wales by tracey

“Welsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality.”

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Law Society’s Gazette, 4th January 2011

Source: www.lawgazette.co.uk

Green v Eadie and others – WLR Daily

Posted November 22nd, 2011 in jurisdiction, law reports, limitations, misrepresentation, solicitors by sally

Green v Eadie and others [2011] WLR (D) 335

“Sections 2 and 9(1) of the Limitation Act 1980 both applied to a claim brought under section 2(1) of the Misrepresentation Act 1967 and such a claim was therefore, by virtue of section 8(2) of the Limitation Act 1980, not within the ambit of section 8(1) of that Act. The applicable limitation period was therefore six years. Where a person entered into a flawed transaction which might have been capable of being remedied by rescission, loss was first suffered and the cause of action therefore accrued when the person entered into the flawed transaction.”

WLR Daily, 18th November 2011

Source: www.iclr.co.uk

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another – WLR Daily

Posted November 22nd, 2011 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334

“The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. Where a company’s registered office was transferred before the lodging of a request to open insolvency proceedings, its centre of main activities was presumed to be the place of its new registered office.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily

Posted November 3rd, 2011 in appeals, disclosure, documents, jurisdiction, law reports by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another [2011] EWCA Civ 1188; [2011] WLR (D) 309

“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Sunday Mirror loses bid to overturn Olivier Martinez privacy ruling – The Guardian

Posted October 25th, 2011 in EC law, internet, jurisdiction, media, news, privacy by sally

“European court of justice’s decision reinforces law under which UK online publishers can be sued in any EU member state.”

Full story

The Guardian, 25th October 2011

Source: www.guardian.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted July 28th, 2011 in conflict of laws, copyright, jurisdiction, law reports, Supreme Court by tracey

Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39;  [2011] WLR (D)  257

“A judge was entitled to conclude that a helmet worn by a fictional character in a film was not a ‘sculpture’ for the purposes of copyright protection. A claim against a defendant domiciled in England for infringement of a foreign copyright could be justiciable in England.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2) – WLR Daily

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2); [2011] UKSC 36  [2011] WLR (D)  247

“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

Regina v Boggild and others – WLR Daily

Posted July 22nd, 2011 in affray, appeals, crime, football banning orders, jurisdiction, law reports, sport by sally

Regina v Boggild and others [2011] WLR (D) 237

“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”

WLR Daily, 19th July 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Mereworth v Ministry of Justice – WLR Daily

Posted July 7th, 2011 in jurisdiction, law reports, parliament, peerages & dignities by sally

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217

“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk