New regulations solve cross-border hybrid hearing issues – OUT-LAW.com

Posted July 1st, 2022 in foreign jurisdictions, news, remote hearings, video recordings by tracey

‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’

Full Story

OUT-LAW.com, 1st July 2022

Source: www.pinsentmasons.com

Why did the Depp-Heard libel outcomes differ in the US and UK? – The Guardian

Posted June 6th, 2022 in defamation, domestic violence, foreign jurisdictions, internet, juries, news by tracey

‘Analysis: Specialist lawyers, a jury trial, social media and targeting Heard all helped Depp win in Virginia.’

Full Story

The Guardian, 2nd June 2022

Source: www.theguardian.com

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

Full Story

Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Overseas pensions and divorce – Family Law

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

Full Story

Family Law, 28th March 2022

Source: www.familylaw.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

Full Story

The Guardian, 8th February 2022

Source: www.theguardian.com

Research briefing: LGBT+ rights and issues in the Caribbean – House of Commons Library

‘This briefing focuses on LGBT+ rights and issues in seven Caribbean states: Antigua and Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica and St Lucia.’

Full Story

House of Commons Library , 27th January 2022

Source: commonslibrary.parliament.uk

UK sets global transparency standard for asset returns – Home Office

‘The UK is the first country to publish its policy and principles on international asset returns.’

Full Story

Home Office, 13th January 2022

Source: www.gov.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

Full Story

OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

Full Story

Littleton Chambers, 7th October 2021

Source: littletonchambers.com

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

Financial Remedy Update, October 2021 – Family Law Week

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

Full Story

Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

Full Story

Family Law, 31st August 2021

Source: www.familylaw.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

Full Story

Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

Full Story

Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

Much still to do, says litigation investor after breast implant case progress – Litigation Futures

‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’

Full Story

Litigation Futures, 21st May 2021

Source: www.litigationfutures.com

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

Full Story

Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

Brexit will ‘renew vigour’ in common law heritage, says Supreme Court judge – Law Society’s Gazette

Posted April 21st, 2021 in brexit, foreign jurisdictions, judges, news by tracey

‘Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.’

Full speech

Full Story

Law Society's Gazette, 20th April 2021

Source: www.lawgazette.co.uk

The Cab Rank Rule: English Barristers in Foreign Courts – 3 Hare Court

Posted March 5th, 2021 in barristers, chambers articles, foreign jurisdictions, news by sally

‘When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas.’

Full Story

3 Hare Court, 26th February 2021

Source: www.3harecourt.com

UK failed to inform EU countries about almost 200 killers and rapists – The Guardian

‘The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.’

Full Story

The Guardian, 2nd March 2021

Source: www.theguardian.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

Full Story

39 Essex Chambers, 24th February 2021

Source: www.39essex.com