“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.”
OUT-LAW.com, 30th June 2009
Source: www.out-law.com
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.
Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece
Queen’s Bench Divisional Court
“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
“The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”
WLR Daily, 6th 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.
Apostolides v Orams and Another
Court of Justice of the European Communities
“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”
The Times, 1st May 2009
Source: www.timesonline.co.uk
Hatzl and Another v XL Insurance Co Ltd
Court of Appeal
“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134
“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”
WLR Daily, 8th April 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.
Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129
“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”
WLR Daily, 6th April 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.
Youell and Others v La Reunion Aerienne
Court of Appeal
“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”
The Times, 27th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99
“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”
WLR Daily, 19th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
In re B (Minors) (Contact order: Enforcement)
Court of Appeal
“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”
The Times, 19th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95
“Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”
WLR Daily, 12th March 2009
Source: www.lawreports.co.uk
Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm)
Chancery Division
“Where solicitors were in breach of their undertakings to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry as to the loss suffered by the addressee of the undertakings as the result of their breach.”
The Times, 10th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73
“A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”
WLR Daily, 2nd March 2009
Source: www.lawreports.co.uk
Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67
“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”
WLR Daily, 23rd February 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.
“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”
The Times, 11th February 2009
Source: www.timesonline.co.uk
Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37
“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”
WLR Daily, 6th February 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 (Al-Saadoon and Another) v Secretary of State for Defence
Court of Appeal
“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”
The Times, 4th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17
“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”
WLR Daily, 23rd January 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.
Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11
“A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in an overseas country.”
WLR Daily, 21st January 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.
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