Category: foreign jurisdictions

Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3 – Panopticon

Posted March 30th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’

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Panopticon, 30th March 2020

Source: panopticonblog.com

New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

Posted March 26th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, murder, news, Supreme Court, terrorism by sally

‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’

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UKSC Blog, 25th March 2020

Source: ukscblog.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

Posted March 25th, 2020 in data protection, death penalty, disclosure, evidence, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court, terrorism, witnesses by sally

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

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5 SAH, 20th February 2020

Source: www.5sah.co.uk

Can Prince Andrew be forced to testify? – BBC News

Posted January 29th, 2020 in foreign jurisdictions, inquiries, news, royal family, sexual offences, trafficking in human beings, witnesses by sally

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Child sex abusers like Gary Glitter must be banned from travelling abroad to commit further attacks, inquiry concludes – Daily Telegraph

Posted January 10th, 2020 in child abuse, children, foreign jurisdictions, freedom of movement, inquiries, news, sexual offences by tracey

‘Child sex abusers such as Gary Glitter – who was free to travel to Asia to attack young girls – must be banned from travelling abroad to commit further attacks, a government-ordered inquiry has warned.’

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Daily Telegraph, 9th January 2020

Source: www.telegraph.co.uk

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

Posted December 4th, 2019 in corruption, foreign jurisdictions, money laundering, news, proceeds of crime, terrorism by sally

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

Posted November 25th, 2019 in bereavement, compensation, criminal injuries compensation, families, foreign jurisdictions, murder, news by sally

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

Posted November 14th, 2019 in arbitration, artificial intelligence, contracts, enforcement, foreign jurisdictions, judgments, Privy Council, rule of law, speeches, Supreme Court by tracey

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

Full speech

Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Report calls for more support for relatives of Britons murdered abroad – The Guardian

Posted October 23rd, 2019 in bereavement, criminal injuries compensation, families, foreign jurisdictions, homicide, inquests, murder, news by tracey

‘Bereaved families who lose a loved one to homicide overseas deserve far more support from the Foreign Office (FCO) and other agencies, a report by the victims’ commissioner for England and Wales urges.’

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The Guardian, 23rd October 2019

Source: www.theguardian.com

UK and US sign landmark Data Access Agreement – Home Office

Posted October 7th, 2019 in child abuse, data protection, foreign companies, foreign jurisdictions, government departments, intelligence services, investigatory powers, police, press releases, privacy, terrorism by tracey

‘Home Secretary Priti Patel last night (Thursday 3 October) signed an historic agreement that will enable British law enforcement agencies to directly demand electronic data relating to terrorists, child sexual abusers and other serious criminals from US tech firms.’

FUll press release

Home Office, 4th October 2019

Source: www.gov.uk/home-office

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’

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Law Society's Gazette, 1st October 2019

Source: www.lawgazette.co.uk

HMRC faces legal fight for handing Britons’ data to US tax officials – The Guardian

Posted September 12th, 2019 in banking, citizenship, disclosure, foreign jurisdictions, HM Revenue & Customs, news, proportionality, taxation by tracey

‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’

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The Guardian, 12th September 2019

Source: www.theguardian.com

Service by Whatsapp? – Family Law

Posted September 9th, 2019 in cohabitation, financial dispute resolution, foreign jurisdictions, news, service out of jurisdiction, telecommunications by tracey

‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’

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Family Law, 4th September 2019

Source: www.familylaw.co.uk

Court cannot deviate from six month limit for cross-border merger certificates – OUT-LAW.com

Posted September 5th, 2019 in EC law, foreign companies, foreign jurisdictions, jurisdiction, mergers, news, time limits by tracey

‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’

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OUT-LAW.com, 4th September 2019

Source: www.pinsentmasons.com

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

Posted August 29th, 2019 in company law, foreign jurisdictions, jurisdiction, news, subsidiary companies, trusts by sally

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

Posted August 23rd, 2019 in appeals, company law, foreign jurisdictions, jurisdiction, news, statutory interpretation, Supreme Court, terrorism by sally

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com