Category: jurisdiction

Westminster City Council v IC (a protected party by his litigation friend) and others – WLR Daily

Posted March 25th, 2008 in conflict of laws, disabled persons, jurisdiction, law reports, marriage by sally

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

“A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. The judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

WLR Daily, 20th March 2008

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.

Halabi (a Bankrupt) v Camden London Borough Council and Another – Times Law Reports

Posted March 25th, 2008 in bankruptcy, jurisdiction, law reports by sally

Halabi (a Bankrupt) v Camden London Borough Council and Another

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th March 2008

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.

Giles v Rhind and Another (No 2) – Times Law Reports

Posted March 25th, 2008 in jurisdiction, law reports, limitations by sally

Giles v Rhind and Another (No 2)

Court of Appeal

“The court had power to extend the limitation period where a party, allegedly in breach of duty, had entered into a transaction defrauding creditors.”

The Times, 25th March 2008

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.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th February 2008

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 (George Wimpey UK Ltd) v Tewkesbury Borough Council – Times Law Reports

Posted February 25th, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

Court of Appeal

“The Court of Appeal had power to grant permission to appeal to a party who had not been in the case at first instance.”

The Times, 25th February 2008

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.

Halabi (A Bankrupt) v Camden London Borough Council and another – WLR Daily

Posted February 18th, 2008 in bankruptcy, debts, jurisdiction, law reports by sally

Halabi (A Bankrupt) v Camden London Borough Council and another; [2008] WLR (D) 46

“The court had no jurisdiction to annul a bankruptcy order on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy.”

WLR Daily, 15th February 2008

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.

Lords refuse to continue hearing case against Simon Mann – The Times

Posted February 7th, 2008 in appeals, conspiracy, damages, jurisdiction by sally

“A landmark case collapsed in unprecedented fashion today as the House of Lords refused to continue hearing a claim brought by Equatorial Guinea against the alleged plotters of a failed coup because it will not allow one of the defendants to meet with his lawyers.”

Full story

The Times, 7th February 2008

Source: www.timesonline.co.uk

Lords hear damages claim over failed Equatorial Guinea coup – The Times

Posted February 5th, 2008 in conspiracy, damages, jurisdiction, news by sally

“In a dramatic opening to a landmark case, the barrister of alleged plotter Simon Mann confirmed he is in prison in West Africa.”

Full story

The Times, 4th February 2008

Source: www.timesonline.co.uk

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) – WLR Daily

Posted February 1st, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 2008

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.

Hilali v Governor of Whitemoor Prison – Times Law Reports

Posted February 1st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison

House of Lords

“Where there was a right of appeal under Part 1 of the Extradition Act 2003 to appeal against an extradition order, habeas corpus was excluded by section 34; it would be contrary to the principle of mutual recognition to which the Act gave effect to grant habeas corpus on the ground of a change of circumstances.”

The Times, 1st February 2008

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.

Hilali v Governor of Whitemoor Prison and another – WLR Daily

Posted January 31st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison and another [2008] UKHL 3; [2008] WLR (D) 18

“In a case where there was a right of appeal under Pt 1 of the Extradition Act 2003 from a judge’s decision to make an extradition order, habeas corpus was excluded by s 34. To grant it on the ground of a fundamental change of circumstances would be contrary to the principle of mutual recognition given effect by the Act.”

WLR Daily, 30th January 2008

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.

In re D (a Child)(Abduction: Rights of custody) (No 2) – Times Law Reports

Posted January 9th, 2008 in contact orders, EC law, jurisdiction, law reports by sally

In re D (a Child)(Abduction: Rights of custody) (No 2)

Court of Appeal

“A contact order which predated Romania’s accession to the European Union was not enforceable under Council Regulation 2201/2003 (Brussels II Revised) (OJ 2003 L33b/1).”

The Times, 9th January 2008

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.
 

Sundelind Lopez v Lopez Lizazo – WLR Daily

Posted December 5th, 2007 in divorce, EC law, jurisdiction, law reports by sally

Sundelind Lopez v Lopez Lizazo (Case C-68/07)

“Arts 6 and 7 of Regulation No 2201/2003 meant that where, in divorce proceedings, a respondent was not habitually resident in and not a national of a member state, the courts of a member state could not base their jurisdiction to hear the petition on their national law, if the courts of another member state had jurisdiction under art 3 of the Regulation.
The Third Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Högsta domstolen, Sweden.”

WLR Daily, 4th December 2007

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. 

Seymour v The Queen – WLR Daily

Posted November 8th, 2007 in Bermuda, drug offences, jurisdiction, law reports by sally

Seymour v The Queen [2007] UKPC 59

“A person who had possession of controlled drugs in Bermuda with the intention of supplying them to another person outside the territory of Bermuda, and therefore outside the jurisdiction of Bermudan Courts, did not commit an offence under s 6(3) of the Misuse of Drugs Act 1972 of Bermuda.”

WLR Daily, 5th November 2007

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.

In re A; HA v MB (Brussels II revised: article 11(7) application) – Times Law Reports

Posted November 2nd, 2007 in contact orders, jurisdiction, law reports by sally

Seeking child’s return after foreign order

In re A; HA v. MB (Brussels II revised: article 11(7) application)

Family Division

“An order made on an application for contact in England under section 8 of the Children Act 1989 was not a judgment requiring the return of the child from outside the jurisdiction.”

The Times, 2nd November 2007

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

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th October 2007

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.

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily

Posted October 18th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40

“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”

WLR Daily, 17th October 2007

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.

Freeport plc v Arnoldsson (Case C-98/06) – WLR Daily

Posted October 12th, 2007 in conflict of laws, jurisdiction, law reports by sally

Freeport plc v Arnoldsson (Case C-98/06)

“The fact that claims brought against a number of defendants had different legal bases did not preclude application of the provision in art 6(1) of Regulation 44/2001 (the successor to the Brussels Convention of 1968) that in certain circumstances multiple defendants could be sued in the courts of the domicile of any of them.”

WLR Daily, 11th October 2007

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.

Leman-Klammers v Klammers – Times Law Report

Posted October 4th, 2007 in appeals, divorce, France, jurisdiction, law reports by sally

Divorce pending appeal valid

Leman-Klammers v Klammers

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th October 2007

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.

Secretary of State for Work and Pensions v. Morina; Same v. Borrowdale – Times Law Reports

Posted August 24th, 2007 in jurisdiction, law reports, social security by sally

Court can hear appeal on jurisdiction point

Secretary of State for Work and Pensions v. Morina; Same v Borrowdale

Court of Appeal

“The Court of Appeal could determine an appeal by the Secretary of State for Work and Pensions on the Social Security Commissioner’s jurisdiction to hear an appeal from a legally qualified panel member of the Social Security Appeal Tribunal where the commissioner had accepted jurisdiction but had dismissed the appeal on the merits.”

The Times, 24th August 2007

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.