Category: foreign jurisdictions

Placement of children abroad: consultation and consent – Local Government Lawyer

Posted March 7th, 2025 in child abduction, children, foreign jurisdictions, news, practice directions by Lily

‘In January 2024 the President of the Family Division issued guidance on public law children cases with an international element. This refreshes and replaces the 2014 President’s guidance on the same topic. The guidance explains how to go about obtaining information (or other requests for co-operation) from other jurisdictions. The International Child Abduction and Contact Unit (ICACU) is the conduit for such requests where the request arises out of proceedings brought by an English local authority and the other country is a party to the 1996 Hague Convention.’

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Local Government Lawyer, 7th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge says children who crossed Channel in boat can be returned to France pending determination of their asylum claims – Local Government Lawyer

Posted March 7th, 2025 in asylum, children, families, foreign jurisdictions, jurisdiction, news by Lily

‘A judge has ruled that the operation of immigration and asylum law no longer prevents the High Court from implementing a decision to return a child to another State before their asylum claim here has been determined by the Home Secretary, provided that the “general principle of non-refoulement” is upheld.’

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Local Government Lawyer, 6th March 2025

Source: www.localgovernmentlawyer.co.uk

Does the Court of Protection have jurisdiction over children? Answer yes – up to a point (even when they have moved abroad) – Mental Capacity Law and Policy

Posted March 3rd, 2025 in children, Court of Protection, families, foreign jurisdictions, jurisdiction, news by sally

‘In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple with a question that had not been the subject of a previous reported decision: what can the Court of Protection do in respect of a child, whose property and affairs (including assets in England & Wales) are subject to deputyship, but who is no longer habitually resident in England & Wales? The Official Solicitor argued that the court no longer had jurisdiction to determine the deputy’s request for authorities in respect of expenditure from her funds. The deputy sought to argue that it did, either by virtue of the operation of s.47 MCA 2005 (importing the powers, rights and privileges of the High Court), or on a pragmatic basis.’

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Mental Capacity Law and Policy, 1st March 2025

Source: www.mentalcapacitylawandpolicy.org.uk

American loses UK appeal to become legally non-binary – BBC News

Posted February 26th, 2025 in appeals, citizenship, foreign jurisdictions, gender, news, passports, transgender persons by sally

‘An American who wanted to be formally recognised as non-binary in the UK has been told by the Court of Appeal their gender identity does not legally exist in this country.’

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BBC News, 25th February 2025

Source: www.bbc.co.uk

Polish up your pleadings! – 3 Hare Court

Posted February 10th, 2025 in accidents, chambers articles, EC law, foreign jurisdictions, insurance, news, pleadings, road traffic by tracey

‘The case of Alton v PZU S.A. [2024] EWCA Civ 1435 arose out of a road traffic accident on the M20 motorway that occurred on 12 September 2017 and was a claim for damages in respect of personal injury and consequential losses, limited to £13,500. I adopt the past tense because the claim has now in fact been compromised, therefore, the judgment of the Court of Appeal was the final act in this particular drama.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com

Posted February 10th, 2025 in appeals, bankruptcy, damages, enforcement, foreign jurisdictions, insolvency, news, Russia by tracey

‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

Foreign national offender claimant wins legal challenge against Home Office over accommodation, but fails in parallel claim against council – Local Government Lawyer

Posted February 6th, 2025 in bail, foreign jurisdictions, government departments, housing, local government, news by sally

‘The Home Office has lost a case about the allocation of bail accommodation for a foreign national offender and has been ordered by the High Court to make various changes to this system as well as pay 85% of claimant BLZ’s costs.’

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Local Government Lawyer, 5th February 2025

Source: www.localgovernmentlawyer.co.uk

Saudi prince sees off $1.2bn bankruptcy bid over jurisdiction argument – Law Society’s Gazette

Posted January 27th, 2025 in bankruptcy, foreign jurisdictions, news, Saudi Arabia by tracey

‘A prominent member of the Saudi royal family has beaten off a High Court bankruptcy order because the petitioner could not show he was resident in the UK.’

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Law Society's Gazette, 27th January 2025

Source: www.lawgazette.co.uk

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

Posted December 13th, 2024 in adoption, chambers articles, children, families, foreign jurisdictions, jurisdiction, news by sally

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners – Financial Remedies Journal

Posted November 4th, 2024 in budgets, capital gains tax, corporation tax, divorce, education, families, financial dispute resolution, financial provision, foreign jurisdictions, inheritance tax, minimum wage, national insurance, news, stamp duty, taxation by tracey

‘The Autumn Budget 2024 (“the Budget”) saw history being made as Rachel Reeves, who became our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. In this article, we will summarise the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.’

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Financial Remedies Journal, 1st November 2024

Source: financialremediesjournal.com

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

Posted September 5th, 2024 in brexit, chambers articles, foreign jurisdictions, freezing injunctions, news, Scotland by sally

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Research Briefing: Deportation of foreign national offenders – House of Commons Library

Posted August 6th, 2024 in deportation, foreign jurisdictions, news, statistics by tracey

‘Deporting foreign national offenders from the UK is a longstanding government priority but the number of people deported has fallen.’

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House of Commons Library , 2nd August 2024

Source: commonslibrary.parliament.uk

An update on handling applicable law issues in cross-jurisdictional cases: The cases of Yordanov v. Vasilev & Ors [2024] and Nicholls v. Mapfre [2024] – Farrar’s Building

Posted July 31st, 2024 in chambers articles, damages, foreign jurisdictions, jurisdiction, negligence, news by sally

‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’

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Farrar's Building, 17th July 2024

Source: www.farrarsbuilding.co.uk

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

Posted July 10th, 2024 in appeals, environmental protection, foreign jurisdictions, news, planning, Privy Council by tracey

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

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39 Essex Chambers, 9th July 2024

Source: www.39essex.com

UK ratification of cross-border enforcement treaty gives businesses greater certainty – OUT-LAW.com

Posted July 8th, 2024 in dispute resolution, enforcement, foreign jurisdictions, judgments, news by tracey

‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’

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OUT-LAW.com, 4th July 2024

Source: www.pinsentmasons.com

Vatican taken to trial for first time in an English court – The Guardian

Posted June 27th, 2024 in foreign jurisdictions, money laundering, news, sale of land, tribunals by sally

‘The Vatican has gone on trial in an English court for the first time, accused of subjecting a British businessman to “incoherent and confused” allegations over a London property deal.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Supreme Court allows Mueen-Uddin appeal – 5RB

Posted June 25th, 2024 in abuse of process, appeals, chambers articles, defamation, foreign jurisdictions, news, striking out, Supreme Court, war crimes by tracey

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

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5RB, 20th June 2024

Source: www.5rb.com

The meaning of ‘deliberately absent’ – Law Society’s Gazette

Posted June 20th, 2024 in extradition, foreign jurisdictions, news, retrials, statutory interpretation, Supreme Court by sally

‘In extradition proceedings, questions may arise relating to the requested person’s purported deliberate absence from a criminal trial. In March, the UK Supreme Court (UKSC) handed down two decisions which clarify important tests to be met in these circumstances.’

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Law Society's Gazette, 14th June 2024

Source: www.lawgazette.co.uk

BSB board and staff at odds over transferring foreign lawyers – Legal Futures

Posted May 30th, 2024 in barristers, foreign jurisdictions, news by tracey

‘Members of the Bar Standards Board (BSB) clashed with senior staff last week over how to deal with the large number of foreign lawyers seeking to be called in England and Wales but who do not intend to practise here.’

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Legal Futures, 30th May 2024

Source: www.legalfutures.co.uk

Brazil Iron: UK court case launched over mining project in Bahia – BBC News

Posted April 24th, 2024 in damages, environmental health, foreign jurisdictions, miners, news by tracey

‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’

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BBC News, 24th April 2024

Source: www.bbc.co.uk