Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

New Judgment: In the matter of NY (A Child) [2019] UKSC 49 – UKSC Blog

Posted October 31st, 2019 in child abduction, jurisdiction, news, Supreme Court by sally

‘This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

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UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV – Blackstone Chambers

Posted October 29th, 2019 in competition, EC law, jurisdiction, licensing, news, patents by sally

‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Prosecutors reconsider prosecuting members of Isil ‘Beatles’ gang in the UK – Daily Telegraph

‘The Crown Prosecution Service (CPS) is to reconsider its opposition to putting on trial in the UK a pair of British Islamic State terrorists who were members of so-called “Beatles” cell.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

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Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’

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UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

The limits of the inherent jurisdiction (1) – Local Government Lawyer

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by tracey

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com

Ep 95: A Rogue Prorogation – Law Pod UK

‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’

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Law Pod UK, 27th September 2019

Source: audioboom.com

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

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New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

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UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

The extent of the inherent jurisdiction – Local Government Lawyer

Posted September 6th, 2019 in alcohol abuse, disabled persons, jurisdiction, local government, mental health, news by tracey

‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’

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Local Government Lawyer, 6th September 2019

Source: www.localgovernmentlawyer.co.uk

Court cannot deviate from six month limit for cross-border merger certificates – OUT-LAW.com

Posted September 5th, 2019 in EC law, foreign companies, foreign jurisdictions, jurisdiction, mergers, news, time limits by tracey

‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’

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OUT-LAW.com, 4th September 2019

Source: www.pinsentmasons.com

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk