Category: jurisdiction

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

Full Story

Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

Posted January 14th, 2020 in contempt of court, holidays, jurisdiction, news, personal injuries, pre-action conduct, witnesses by sally

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

Full Story

Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

Posted January 6th, 2020 in appeals, housing, jurisdiction, landlord & tenant, leases, news, repairs, service charges, tribunals by sally

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

Full Story

Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by tracey

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

Full Story

UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

Full Story

Family Law, 18th December 2019

Source: www.familylaw.co.uk

Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog

Posted December 17th, 2019 in construction industry, contracts, jurisdiction, news, planning by tracey

‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’

Full Story

Practical Law Construction Blog, 17th December 2019

Source: constructionblog.practicallaw.com

What happens when a court order in private family law proceedings is breached? – Becket Chambers

Posted December 13th, 2019 in children, compensation, enforcement, families, family courts, imprisonment, jurisdiction, news, sentencing by sally

‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’

Full Story

Becket Chambers, 10th December 2019

Source: becket-chambers.co.uk

Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers

Posted December 4th, 2019 in choice of forum, conspiracy, jurisdiction, news by sally

‘On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2019] 2 WLR 1051.’

Full Story

Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction) – 1 GC: Family Law

Posted December 2nd, 2019 in child abduction, conflict of laws, jurisdiction, news, treaties by sally

‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’

Full Story

1 GC: Family Law, 21st November 2019

Source: 1gc.com

High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com

Posted November 26th, 2019 in insolvency, jurisdiction, news, stay of proceedings by tracey

‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’

Full Story

OUT-LAW.com, 25th November 2019

Source: www.pinsentmasons.com

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

Posted November 20th, 2019 in children, domestic violence, family courts, forced marriages, jurisdiction, news, non-molestation orders, wardship by sally

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

Full Story

5SAH, 12th November 2019

Source: www.5sah.co.uk

Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers

Posted November 20th, 2019 in financial regulation, jurisdiction, news, ombudsmen by sally

‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’

Full Story

Hardwicke Chambers, 13th November 2019

Source: hardwicke.co.uk

Digital assets “are property” under English law – Legal Futures

Posted November 19th, 2019 in consultations, contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’

Full Story

Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by tracey

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

Full Story

Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

Posted November 15th, 2019 in appeals, contempt of court, documents, health & safety, holidays, hotels, jurisdiction, news, personal injuries, pre-action conduct, witnesses by tracey

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

Full Story

Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

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

Posted November 7th, 2019 in appeals, brexit, constitutional law, judicial review, jurisdiction, news, parliament, prorogation, statutory interpretation, Supreme Court by sally

‘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.’

Full Story

Counsel, November 2019

Source: www.counselmagazine.co.uk

EPA prosecutions and costs – Nearly Legal

Posted November 1st, 2019 in compensation, costs, damages, environmental health, health & safety, housing, judicial review, jurisdiction, landlord & tenant, news, proportionality by sally

‘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.’

Full Story

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.’

Full Story

UKSC Blog, 30th October 2019

Source: ukscblog.com

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

Posted October 30th, 2019 in constitutional law, judicial review, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘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.’

Full Story

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.’

Full Story

Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com