Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) – Supreme Court
Supreme Court, 23rd January 2013
Category: foreign jurisdictions
Shagroon v Sharbatly – WLR Daily
Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337
“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com
“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”
OUT-LAW.com, 26th October 2012
Source: www.out-law.com
Consultation opens on Concurrent Jurisdiction guidelines – Crown Prosecution Service
“The CPS has today published interim guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct. The guidelines, which take immediate effect, formally set out the factors that are considered when deciding where criminal proceedings should be brought.”
Crown Prosecution Service, 25th October 2012
Source: www.cps.gov.uk
Mothers lose out as expat parents fight for custody in foreign courts – The Guardian
“Advisory service reports rise in cases where British couples split up after moving overseas, where UK judges have no say over who gets the children.”
The Guardian, 19th October 2012
Source: www.guardian.co.uk
Foreign powers will be allowed to access email and phone records – Daily Telegraph
“Foreign governments could be given details of Britons’ phone calls, emails and internet usage in another ‘deeply troubling’ part of new surveillance plans.”
Daily Telegraph, 4th July 2012
Source: www.telegraph.co.uk
Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”
WLR Daily, 26th June 2012
Source: www.iclr.co.uk
Court refuses to compel evidence on unlawful rendition in foreign proceedings – UK Human Rights Blog
“Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) (26 June 2012) . The Divisional Court has ruled that common law principles cannot be used to obtain evidence from the Foreign Secretary for use in a foreign court.”
UK Human Rights Blog, 28th June 2012
Source: www.ukhumanrightsblog.com
Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily
“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others – WLR Daily
“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”
WLR Daily, 9th August 2011
Source: www.iclr.co.uk
Call for overhaul of UK extradition rules – BBC News
“The UK’s extradition arrangements with the US and the EU must be overhauled to better protect rights of individuals, a committee of MPs and peers is arguing.”
BBC News, 22nd June 2011
Source: www.bbc.co.uk
Social networking sites consider UK court ruling – The Independent
“Social networking sites based abroad are tonight (13 May) considering whether to comply with a British court ruling seeking to ban their members from revealing the identities of parties involved in sensitive legal proceedings in London.”
The Independent, 13th May 2011
Source: www.independent.co.uk
Abuse claims against surgeon could not be prosecuted in UK – The Independent
“Police investigating allegations that a heart specialist who worked at London’s Great Ormond Street Hospital had sexually abused children in Kenya found they would have been unable to bring a prosecution because the alleged offences occurred before May 2004, a spokesman for Scotland Yard said yesterday.”
The Independent, 8th April 2011
Source: www.independent.co.uk
Goluboviv v Golubovic – WLR Daily
“Refusal to recognise a decree of divorce pronounced by a court in another jurisdiction within the Council of Europe, in the absence of a breach of natural justice, was a truly exceptional course.”
WLR Daily, 15th July 2010
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.
Agbaje v Agbaje – WLR Daily
Agbaje v Agbaje [2010] UKSC 13; [2010] WLR (D) 71
“An English court considering under Pt III of the Matrimonial and Family Proceedings Act 1984 whether it would be appropriate to make an order for financial relief on the application of a party to a foreign divorce was not required to apply a forum non conveniens test and decide which of two jurisdictions was the appropriate one. The whole basis of Pt III was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”
WLR Daily, 10th March 2010
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.
Ruling confirms London as divorce payout capital – The Independent
“London’s reputation as the divorce payout capital of the world was reinforced by the Supreme Court today.”
The Independent, 10th March 2010
Source: www.independent.co.uk
In re Stanford International Bank Ltd (in liquidation) – WLR Daily
In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55
“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”
WLR Daily, 1st March 2010
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.
Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily
“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”
WLR Daily, 24th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
High Court relieves hosting firm of duty to hand domain name to Kentucky – OUT-LAW.com
“The High Court has said that a UK hosting company does not have to comply with a US state court’s order demanding that it hand over a gambling company’s domain name.”
OUT-LAW.com, 4th November 2009
Source: www.out-law.com
Rubin and another v Eurofinance SAand others – WLR Daily
Rubin and another v Eurofinance SAand others [2009] WLR (D) 282
“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”
WLR Daily, 6th August 2009
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.
