Category: jurisdiction

Byers and others v Yacht Bull Corpn and another – WLR Daily

Posted February 3rd, 2010 in insolvency, jurisdiction, law reports, winding up by sally

Byers and others v Yacht Bull Corpn and another [2010] EWHC 133 (Ch); [2010] WLR (D) 18

“A claim to beneficial ownership of a yacht did not fall within the exception contained in art 1(2)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters so that the Regulation did not apply to ‘proceedings relating to the winding up of insolvent companies’.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st February 2010

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.

British government will fight legal attempts to indict Israeli leaders in UK – The Guardian

Posted January 6th, 2010 in Israel, jurisdiction, news, war crimes, warrants by sally

“Baroness Scotland announces plans to alter laws after attempts to obtain warrants against Israeli generals for war crimes.”

Full story

The Guardian, 5th January 2010

Source: www.guardian.co.uk

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Posted December 18th, 2009 in agency, conflict of laws, fraud, jurisdiction, law reports by sally

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

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.

Regina v IB – WLR Daily

Posted December 10th, 2009 in competition, Crown Court, EC law, jurisdiction, law reports, price fixing by sally

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 2009

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.

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted December 9th, 2009 in intelligence services, investigatory powers, jurisdiction, law reports, tribunals by sally

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th December 2009

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.

Oxfam v Revenue and Customs Commissioners – WLR Daily

Posted December 2nd, 2009 in jurisdiction, law reports, tribunals, VAT by sally

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st December 2009

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.

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Posted August 7th, 2009 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 2009

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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th July 2009

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.

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 2009

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.

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Posted July 21st, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Oligarch challenges court ruling – The Independent

Posted July 20th, 2009 in contracts, jurisdiction, news, Russia by sally

“Russian oligarch Oleg Deripaska today challenged a court ruling that a £2 billion-plus lawsuit launched against him by a former friend should be tried in England rather than Russia.”

Full story

The Independent, 20th July 2009

Source: www.independent.co.uk

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th July 2009

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.

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Posted July 10th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

In re Stanford International Bank Ltd and others – WLR Daily

Posted July 7th, 2009 in insolvency, jurisdiction, law reports, winding up by sally

“The ‘centre of main interests’ for the purposes of the Cross-Border Insolvency Regulations 2006 must be identified by reference to factors which were both objective and ascertainable by third parties. What was ascertainable by a third party was what was in the public domain and what a typical third party would learn as a result of dealing with the company.”

WLR Daily, 6th July 2009

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.

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

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.

Does the jury system still work? – The Times

Posted June 30th, 2009 in jurisdiction, news by sally

“Jurors often hear cases that involve harrowing or increasingly complex evidence, yet they are prevented by law from asking for help or raising concerns. Is it time for change?”

Full story

The Times, 30th June 2009

Source: www.timesonline.co.uk

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another – WLR Daily

Posted June 30th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another [2009] EWCA Civ 632; [2009] WLR (D) 211

“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”

WLR Daily, 29th June 2009

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.

Commercial interpretation identifies prevailing jurisdiction clause, rules Court of Appeal – OUT-LAW.com

Posted June 30th, 2009 in interpretation, jurisdiction, misrepresentation, news by sally

“One jurisdiction clause in one of hundreds of pages of documents cannot govern the whole agreement because no company acting in a normal commercial way would think that it would, the Court of Appeal has said.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

Regina v Hughes (James) – WLR Daily

Posted May 21st, 2009 in appeals, jurisdiction, law reports, sentencing by sally

Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160

“The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General’s reference, but his right of appeal still remained extant and unexercised under the section.”

WLR Daily, 20th May 2009

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.