‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’
OUT-LAW.com, 24th November 2023
Source: www.pinsentmasons.com
‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’
3PB, 1st September 2023
Source: www.3pb.co.uk
‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’
Family Law, 2nd October 2023
Source: www.familylaw.co.uk
‘In Tousi v Gaydukova [2023] EWHC 404 (Fam), Mr Tousi was an Iranian national and Ms Gaydukova a Ukrainian: both had UK citizenship. They were married at the Iranian Embassy in Kyiv in 1997 but the marriage was not “registered” with the Ukrainian state authorities. According to Ms Gaydukova, they were well aware of the need to register and on three occasions she attempted to do so, but Mr Tousi refused to cooperate. Mr Tousi argued that “he chose not to register the marriage because he saw it as a celebratory social event in which he was uninterested”.’
Law & Religion UK, 2nd October 2023
Source: lawandreligionuk.com
‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’
Family Law, 14th September 2023
Source: www.familylaw.co.uk
‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’
Local Government Lawyer, 15th September 2023
Source: www.localgovernmentlawyer.co.uk
‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’
OUT-LAW.com, 13th September 2023
Source: www.pinsentmasons.com
‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’
The Independent, 4th August 2023
Source: www.independent.co.uk
‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’
Gatehouse Chambers, 31st July 2023
Source: gatehouselaw.co.uk
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
‘Samuel Arksey, a pupil barrister at Senate House Chambers considers the admissibility of foreign convictions in proceedings under the Children Act 1989.’
Family Law Week, 15th March 2023
Source: www.familylawweek.co.uk
‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’
OUT-LAW.com, 27th October 2022
Source: www.pinsentmasons.com
‘Providers of legal services will be exempt from requirements to register as agents of a foreign power under proposed security legislation, the government revealed today. It was announcing the introduction of the Foreign Influence Registration Scheme under an amendment to the National Security Bill.’
Law Society's Gazette, 18th October 2022
Source: www.lawgazette.co.uk
‘In this post, Grant Arnold, a paralegal in the litigation team at CMS, previews the decision awaited from the Supreme Court in Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor.’
UKSC Blog, 17th October 2022
Source: ukscblog.com
‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’
Family Law, 1st September 2022
Source: www.familylaw.co.uk
‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’
Law Society's Gazette, 30th August 2022
Source: www.lawgazette.co.uk
‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).
Ropewalk Clinical Negligence Blog, 18th August 2022
Source: www.ropewalk.co.uk
‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’
Local Government Lawyer, 8th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’
Legal Futures, 11th July 2022
Source: www.legalfutures.co.uk
© Inner Temple Library 2024