Category: jurisdiction

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

Strasbourg ruling may change UK’s responsibilities under the Human Rights Act – The Guardian

Posted July 5th, 2011 in human rights, jurisdiction, legislation, news by sally

“The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the grand chamber of the European court of human rights (ECtHR) gives judgment in the case of Al-Skeini and others v the United Kingdom & Al-Jedda v the United Kingdom this week.”

Full story

The Guardian, 4th July 2011

Source: www.guardian.co.uk

Coventry City Council v O and others – WLR Daily

Posted June 24th, 2011 in adoption, county courts, fostering, injunctions, jurisdiction, law reports by sally

Coventry City Council v O and others [2011] EWCA Civ 729; [2011] WLR (D) 205

“Where foster parents issued a notice of intention to adopt a child they were fostering, the local authority retained the power to remove the child from the foster parents’ home to the home either of other foster parents or of prospective adopters, under section 38 of the Adoption and Children Act 2002.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by tracey

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

Posted June 2nd, 2011 in appeals, arbitration, injunctions, jurisdiction, law reports by sally

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647; [2011] WLR (D) 185

“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Hull – WLR Daily

Posted May 27th, 2011 in appeals, jurisdiction, law reports, news, sentencing, transfer of prisoners by sally

Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177

“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in the ICLR series the corresponding WLR Daily summary is removed.

FKI Engineering Ltd and another v Stribog Ltd – WLR Daily

Posted May 27th, 2011 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178

“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Courts ‘could target’ Twitter UK – BBC News

Posted May 24th, 2011 in internet, jurisdiction, news by sally

“Twitter’s decision to open a UK office could leave it more vulnerable to prosecution over what its users write.”

Full story

BBC News, 23rd May 2011

Source: www.bbc.co.uk

Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Posted May 20th, 2011 in assets recovery, extraterritoriality, jurisdiction, law reports, proceeds of crime by tracey

Serious Organised Crime Agency v Perry and others (No 2) [2011] EWCA Civ 578;  [2011] WLR (D)  164

“A court in England and Wales had the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside the jurisdiction, whether moveable or immoveable.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

In re Rodenstock GmbH – WLR Daily

Posted May 11th, 2011 in foreign companies, jurisdiction, law reports, schemes of arrangement by sally

In re Rodenstock GmbH [2011] EWHC 1104; [2011] WLR (D) 150

“Neither Council Regulation (EC) No 3046/2000 on insolvency proceedings (‘the Insolvency Regulation’) nor Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’) had narrowed the court’s jurisdiction in relation to the sanctioning of schemes of arrangement, by impacting restrictively on the circumstances when a company was ‘liable to be wound up’.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Posted April 1st, 2011 in copyright, database right, EC law, jurisdiction, law reports by sally

Football Dataco Ltd and others v Sportradar GmbH and another [2011] EWCA Civ 330; [2011] WLR (D) 113

“There was no good arguable case of copyright infringement under article 3 of Directive 96/9/EC such as to establish that the English court had jurisdiction for the purposes of article 27 of Council Regulation (EC) No 44/2001 where, even though the collection of data might involve some intellectual creation, what was alleged to have been copied was mere data on any reasonable view.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ECJ asked to rule on crucial internet publishing jurisdiction issue – OUT-LAW.com

Posted March 31st, 2011 in EC law, internet, jurisdiction, news, publishing, sport by sally

“The Court of Appeal has asked the European Court of Justice (ECJ) to decide whether online publishing takes place where information is hosted or where it is read.”

Full story

OUT-LAW.com, 30th March 2011

Source: www.out-law.com

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Posted March 21st, 2011 in conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

Posted March 14th, 2011 in EC law, environmental protection, jurisdiction, law reports, treaties by sally
“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Defence v Wallis and another – WLR Daily

Posted March 10th, 2011 in appeals, employment tribunals, jurisdiction, law reports, sex discrimination, unfair dismissal by sally

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.