Category: jurisdiction

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.

Gibson v Government of the United States of America – Times Law Reports

Posted August 3rd, 2007 in extradition, jurisdiction, law reports, precedent by sally

Board can depart from its own decisions

Gibson v. Government of the United States of America

Privy Council

“The principle of stare decisis was not absolute and the Privy Council could exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect.”

The Times, 3rd 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

Grovit v. De Netherlandsche Bank NV and others – WLR Daily

Posted July 26th, 2007 in conflict of laws, defamation, jurisdiction, law reports by sally

Grovit v. De Netherlandsche Bank NV and others

“An action for libel against the central bank of the Netherlands was not a civil and commercial matter within the terms of Council Regulation 44/2001/EC (the Judgments Regulation on jurisdiction in civil and commercial matters) so as to permit the action to go ahead in the English courts.”

WLR Daily, 24th July 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.

Secretary of State for Work and Pensions v. Morina – WLR Daily

Posted July 25th, 2007 in jurisdiction, law reports, social security by sally

Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749 

“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”

WLR Daily, 23rd July 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.

Samengo-Turner and others v. J & H Marsh & McLennan (Services) Ltd. and others – WLR Daily

Posted July 16th, 2007 in injunctions, jurisdiction, law reports by sally

Samengo-Turner and others v. J & H March & McLennan (Services) Ltd. and others [2007] EWCA Civ 723 

“Where parallel employment-related proceedings were taking place in New York and London it was open to the court, in an appropriate case and where the terms of s 5 of Council Regulation 44/2001 were satisfied, to grant an anti-suit injunction restraining the New York proceedings.”

WLR Daily, 12th July 2007

Source: www.lawreports.co.uk

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

Regina (Crown Prosecution Service) v. Guildford Crown Court – Times Law Reports

Posted July 16th, 2007 in jurisdiction, law reports, sentencing by sally

Divisional Court cannot correct crown court judge

Regina (Crown Prosecution Service) v. Guildford Crown Court

Queen’s Bench Divisional Court

“The High Court did not have power to quash an unlawful sentence imposed by a crown court judge.”

The Times, 16th July 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.

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

Wilson v. Jaymarke Estates Ltd.

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 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.

Jaffray and ors v. Society of Lloyd’s – WLR Daily

Posted June 22nd, 2007 in appeals, fraud, jurisdiction, law reports by sally

Jaffray and ors v. Society of Lloyd’s [2007] EWCA Civ 586 

“The question whether the Court of Appeal had jurisdiction to reopen a case which had been before it already but where there was now an allegation of fraud, as opposed to a claim of bias by the court, was arguably moot notwithstanding ostensible authority that no such jurisdiction existed.”

WLR Daily, 20th June 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.

R (Al-Skeini and others) v. Secretary of State for Defence – WLR Daily

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening) 

S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.

WLR Daily, 13th June 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.