‘The Court of Appeal has allowed a challenge against a declaration that claims against Shell over oil spills in the Niger Delta region in Nigeria were “global claims”, finding that the right of a litigant to bring a claim and determine how it is proved “should be respected in all normal circumstances”.’
Law Society's Gazette, 16th December 2024
Source: www.lawgazette.co.uk
‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’
Five Pump Court, 14th November 2024
Source: www.5pumpcourt.com
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
‘A judge’s comments on the lack of recourse against an unregulated costs draftsman should focus minds on this hole in legal regulation, the Association of Costs Lawyers (ACL) has argued.’
Legal Futures, 20th November 2024
Source: www.legalfutures.co.uk
‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’
Financial Remedies Journal, 11th November 2024
Source: financialremediesjournal.com
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’
Blackstone Chambers, 2nd October 2024
Source: www.blackstonechambers.com
‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’
Legal Futures, 21st October 2024
Source: www.legalfutures.co.uk
‘Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm). The judgment of Christopher Hancock KC, handed down on 18 September 2024, concerns three letters of indemnity (“LOIs”) provided in the absence of bills of lading, whose alleged lawful holders subsequently made mis-delivery claims against Owners.’
33 Bedford Row, 10th October 2024
Source: www.33bedfordrow.co.uk
‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’
Nearly Legal, 22nd September 2024
Source: nearlylegal.co.uk
‘An Upper Tribunal judge has handed down an important ruling on the inquisitorial jurisdiction of the First-tier Tribunal (Health, Education and Social Care Chamber) in relation to EHCPs. Benjamin Harrison sets out the key points.’
Local Government Lawyer, 18th September 2024
Source: www.localgovernmentlawyer.co.uk
‘A renowned solicitor advocate has had his appeal against a £105,000 costs order dismissed by a judge because he applied to the wrong court.’
Law Society's Gazette, 8th September 2024
Source: www.lawgazette.co.uk
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’
Nearly Legal, 19th August 2024
Source: nearlylegal.co.uk
‘Leon Glenister reports on a successful defence to a judicial review challenging the established interpretation of teaching regulation legislation.’
Local Government Lawyer, 19th August 2024
Source: www.localgovernmentlawyer.co.uk
‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’
Farrar's Building, 17th July 2024
Source: www.farrarsbuilding.co.uk
‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’
Blackstone Chambers, 26th July 2024
Source: www.blackstonechambers.com
‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’
Becket Chambers, 2nd July 2024
Source: becket-chambers.co.uk
‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal. When appealing an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary of State. In this post, we examine new matters in immigration appeals, asking what is a new matter in an immigration appeal and what is the process of raising a new matter in an immigration appeal? Further information on the process of appealing an immigration refusal can be found in these Part 1 and Part 2 guides on how to appeal a UK visa or immigration refusal decision.’
EIN Blog, 1st July 2024
Source: www.ein.org.uk
‘In a guest post, Shirani Herbert, Legal Correspondent of the Church Times, reviews the errors, irregularities and illegality following the removal of pews under licence – Re: Church of St Michael, Bath, Twerton-on-Avon, [2024] ECC B&W 1.’
Law & Religion UK, 18th June 2024
Source: lawandreligionuk.com
‘The Patents Court (Richards J) has dismissed Ericsson’s applications contesting the Court’s jurisdiction and seeking a strike out of elements of Lenovo’s claim. Richards J further dismissed Ericsson’s application in the alternative for a case management stay.’
Blackstone Chambers, 1st May 2024
Source: www.blackstonechambers.com
© Inner Temple Library 2024