Category: jurisdiction

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

Sex tourists face UK prosecution over abuse abroad – Daily Telegraph

Posted July 11th, 2008 in child abuse, jurisdiction, news, prosecutions, sexual offences by sally

“Sex tourists who abuse children abroad face prosecution in the UK. The new legislation, contained in the Criminal Justice and Immigration Act 2008, will come into effect from Monday. It means that UK nationals who commit a specified sexual offence against a child overseas can expect to be prosecuted for the offence on their return to the UK.”

Daily Telegraph, 11July 2008

Source: www.telegraph.co.uk

UBS fails in bid to fight sub-prime lawsuit in London – The Times

Posted July 9th, 2008 in banking, fraud, jurisdiction, news by sally

“The Swiss bank has been told by the High Court that it must defend itself against a £100m lawsuit in the US, not in London.”

The Times, 8th July 2008

Masri v Consolidated Contractors International Co SAL and Another (No 3)

Masri v Consolidated Contractors International Co SAL and Another (No 3) – Times Law Reports

Posted June 25th, 2008 in injunctions, jurisdiction, news by sally

Court of Appeal

“The English court had an ancillary power to grant an injunction restraining a foreign defendant, who had submitted to the court’s jurisdiction and against whom judgment had been awarded, from continuing proceedings abroad which attempted to relitigate issues determined in the English court.”

The Times, 25th June 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Arnold – Times Law Reports

Posted June 13th, 2008 in appeals, courts martial, jurisdiction, law reports by sally

Regina v Arnold

Courts-Martial Appeal Court

“The Courts-Martial Appeal Court had no jurisdiction to entertain an appeal by a prosecutor unless at, or before informing the court that it intended to appeal the prosecutor had agreed that the accused should be acquitted of the charge if leave to appeal was not obtained.”

The Times, 13th June 2008

Masri v Consolidated Contractors International Co SAL and another (No 3) [2008] EWCA Civ 625; [2008] WLR (D) 184

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Masri v Consolidated Contractors International Co SAL and another (No 3) – WLR Daily

Posted June 11th, 2008 in injunctions, jurisdiction, law reports by sally

“The English court had power over persons properly subject to its in personam jurisdiction to make ancillary orders in protection of its jurisdiction and its processes, including the integrity of its judgments. The power was a discretionary one to be exercised in accordance with the requirements of international comity.”

WLR Daily, 9th June 2008

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same

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

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same – Times Law Reports

Posted May 30th, 2008 in armed forces, human rights, inquests, Iraq, jurisdiction, law reports by sally

Queen’s Bench Division

“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”

The Times, 30th May 2008

King v Serious Fraud Office

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 2008

King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

King v Serious Fraud Office – WLR Daily

Posted May 13th, 2008 in jurisdiction, law reports, proceeds of crime by sally

“Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. There was no power to make a restraint order in respect of property outside the jurisdiction.”

WLR Daily 12th May 2008

National Westminster Bank plc v King

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

National Westminster Bank plc v King – Times Law Reports

Posted April 14th, 2008 in courts, jurisdiction, law reports by sally

Chancery Division

“The High Court’s power of transfer under section 40(2) of the County Courts Act 1984 was not limited to cases which would otherwise be within a county court’s jurisdiction.”

The Times, 14th April 2008

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others – Times Law Reports

Posted April 4th, 2008 in debts, jurisdiction, law reports by sally

Court of Appeal

“Judges should be cautious before making a committal order against a judgment debtor who was prevented from attending an oral examination as to his means by the order of a court in a foreign jurisdiction.”

The Times, 4th April 2008

Westminster City Council v IC and Others

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Westminster City Council v IC and Others – Times Law Reports

Posted April 3rd, 2008 in islamic law, jurisdiction, law reports, marriage, mental health by sally

Court of Appeal

“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.”

The Times, 3rd April 2008

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

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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

“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

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

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

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

Giles v Rhind and Another (No 2)

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

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

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

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

“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

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

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

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

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

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

“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

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.”

The Times, 7th February 2008

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.”

The Times, 4th February 2008