foreign jurisdictions – Page 14

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Court enforces German law on military wife’s damages – Law Society’s Gazette

Posted October 8th, 2014 in accidents, EC law, foreign jurisdictions, mental health, news, personal injuries, road traffic by sally

‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’

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Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

Posted September 24th, 2014 in appeals, employment, employment tribunals, foreign jurisdictions, news, unfair dismissal by sally

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

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Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

Care Proceedings and the European Dimension: Article 15 Transfers – Family Law Week

Posted September 17th, 2014 in care orders, children, delay, EC law, evidence, families, foreign jurisdictions, human rights, news, social services by tracey

‘Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.’

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Family Law Week, 16th September 2014

Source: www.familylawweek.co.uk

CPS secures first ever recovery of criminal assets from United Arab Emirates – Crown Prosecution Service

Posted August 21st, 2014 in assets recovery, confiscation, Crown Prosecution Service, enforcement, foreign jurisdictions, news by tracey

‘Following extensive work both in the UK and Dubai, the new CPS Proceeds of Crime Service (CPSPOC) in London, working closely with the recently deployed CPS Asset Recovery Advisor in Dubai, has secured what is believed to be the first ever successful enforcement of a UK confiscation order in the UAE. The UK has recovered over £300,000 from the sale of an apartment in Dubai Marina belonging to a convicted British criminal.’

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Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

Posted August 7th, 2014 in dispute resolution, foreign jurisdictions, news, Russia, stay of proceedings by sally

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

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OUT-LAW.com, 7th August 2014

Source: www.out-law.com

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

Posted July 22nd, 2014 in appeals, death penalty, drug trafficking, foreign jurisdictions, human rights, law reports, legal representation, Supreme Court by sally

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

Posted July 22nd, 2014 in appeals, death penalty, drug trafficking, foreign jurisdictions, human rights, legal representation, news, Supreme Court by sally

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

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Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

Regina v Mehmedov – WLR Daily

Posted July 21st, 2014 in bad character, criminal records, evidence, foreign jurisdictions, law reports, murder by sally

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by tracey

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk

France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

Posted July 1st, 2014 in appeals, asylum, foreign jurisdictions, freedom of expression, human rights, news by sally

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

“Please Sir I Want Some More” – Family Law Week

Posted April 11th, 2014 in divorce, foreign jurisdictions, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by tracey

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

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OUT-LAW.com, 27th March 2014

Source: www.out-law.com

DPP Alison Saunders announces plan to seize more criminal assets hidden abroad – BBC News

Posted February 24th, 2014 in assets recovery, corruption, drug offences, foreign jurisdictions, money laundering, news, prosecutions, tax evasion by sally

‘The director of public prosecutions for England and Wales has unveiled a new drive to clamp down on criminals hiding their assets abroad.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

Family law in crisis – New Law Journal

Posted February 12th, 2014 in budgets, child abduction, delay, dispute resolution, divorce, domestic violence, expert witnesses, family courts, foreign jurisdictions, legal aid, legal representation, litigants in person, news, Pakistan, statistics, time limits by sally

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

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New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted January 22nd, 2014 in assisting offenders, foreign jurisdictions, government departments, intelligence services, judicial review, law reports, weapons by sally

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 24; [2013] WLR (D) 14

‘The English court would not adjudicate, either as a question of justiciability or as a matter of discretion, on a claim which sought to characterise the actions of United Kingdom officials passing on locational intelligence to officials of the United States of America for use in drone strikes as secondary criminal offences either under domestic criminal law or international humanitarian law, because such relief would necessarily entail a condemnation of the activities of a foreign sovereign state.’

WLR Daily, 20th January 2014

Source: www.iclr.co.uk

Family judge ‘cannot control foreign media’ – BBC News

Posted January 15th, 2014 in anonymity, children, disclosure, family courts, foreign jurisdictions, judges, media, news by tracey

‘A senior family judge says he cannot stop the foreign media from publishing the story of a Slovakian mother whose son has been placed into care.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

MLA guidelines for foreign authorities – Home Office

Posted January 10th, 2014 in criminal procedure, foreign jurisdictions, judiciary, news by tracey

‘These guidelines describe mutual legal assistance (MLA) that can be provided by the UK.’

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Home Office, 6th January 2014

Source: www.gov.uk/home-office

In the matter of KL (A Child) – Supreme Court

Posted December 5th, 2013 in appeals, child abduction, children, foreign jurisdictions, law reports, Supreme Court, treaties by sally

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Court of Appeal clarifies “lawsuits pending” in Art 32 of EC Directive 2001/24 on Reorganisation and Winding Up of Credit Institutions – 11 Stone Buildings

Posted December 3rd, 2013 in appeals, EC law, foreign jurisdictions, insolvency, news, winding up by sally

‘In a judgment handed down today (Isis Investments Ltd v Kaupthing Bank h.f. & Elfar Adalsteinsson [2013] EWCA Civ 1493), the Court of Appeal has clarified the meaning and scope of “lawsuits pending” in Article 32 of the EC Directive on the Reorganisation and Winding Up of Credit Institutions (Directive 2001/24/EC). Charles Samek QC who acted for the successful respondent, Mr Adalsteinsson (acting as a representative party on behalf of high net-worth investors) explains the significance of the judgment.’

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11 Stone Buildings, 27th November 2013

Source: www.11sb.com