Dane Luo: R (Jwanczuk) v Work and Pensions Secretary: Bringing a Comparative Lens to Judicial Precedent on Inter-jurisdictional Laws – UK Constitutional Law Association

‘The Supreme Court will hear the appeal in R (Jwanczuk) v Secretary of State for Work and Pensions (UKSC/2023/0152) on 11 and 12 March 2025. One of the issues is the circumstances in which courts in England and Wales may depart from decisions of appellate courts in Northern Ireland and Scotland regarding laws of inter-jurisdictional operation (that is, laws passed by the Westminster Parliament that apply throughout the UK, or where identical or materially similar laws have been enacted in multiple jurisdictions). On one hand, the classical exposition of stare decisis is that it operates vertically, such that decisions by extra-hierarchical courts are never binding. But if stare decisis is concerned with predictability and enabling the public to legitimately rely on past decisions in carrying out their affairs, those aspirations would not be met if the same provisions were given two different meanings depending on whether one is north or south of the Tweed (or if one is to the east or west of the Irish Sea in Great Britain or Northern Ireland).’

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UK Constitutional Law Association, 22nd January 2025

Source: ukconstitutionallaw.org

Rescission of a Bankruptcy Order (Collatory Case) – 33 Bedford Row

Posted January 15th, 2025 in bankruptcy, chambers articles, insolvency, jurisdiction, news by tracey

‘Section 375(1) of the Insolvency Act 1980 provides: “Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of that jurisdiction.” Parliament’s decision to enact s.375(1), and the jurisdiction it creates, is inconsistent with the normal approach to the finality of litigation.’

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33 Bedford Row, 14th January 2025

Source: www.33bedfordrow.co.uk

Section 84(1) of the Law of Property Act 1925: Jurisdiction and Discretion: Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust – Tanfield Chambers

Posted January 9th, 2025 in building law, chambers articles, jurisdiction, news, tribunals by sally

‘Edward Denehan, a barrister at Tanfield Chambers, discusses the Supreme Court’s ruling in Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust, which clarified the distinction between jurisdictional and discretionary power within the Tribunal’s decision-making process under section 84 of the Law of Property Act 1925.’

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Tanfield Chambers, 2nd December 2024

Source: tanfieldchambers.co.uk

UK ruling clarifies ‘good arguable case’ threshold for freezing injunction – OUT-LAW.com

Posted January 9th, 2025 in costs, freezing injunctions, jurisdiction, news by sally

‘A recent judgment by the Court of Appeal provides long-awaited clarity to the threshold to be met in demonstrating a “good arguable case” when seeking to obtain a worldwide freezing order (WFO).’

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OUT-LAW.com, 8th January 2025

Source: www.pinsentmasons.com

Court of Appeal finds against Shell in environmental claims over oil spills – Law Society’s Gazette

Posted December 17th, 2024 in case management, environmental protection, jurisdiction, news, pleadings, pollution by tracey

‘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”.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

‘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.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer

‘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.’

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Local Government Lawyer, 25th November 2024

Source: www.localgovernmentlawyer.co.uk

Lack of sanction for costs draftsman shows “hole in regulation” – Legal Futures

‘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.’

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Legal Futures, 20th November 2024

Source: www.legalfutures.co.uk

The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction – Financial Remedies Journal

Posted November 18th, 2024 in domicile, families, jurisdiction, news, taxation by tracey

‘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.’

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Financial Remedies Journal, 11th November 2024

Source: financialremediesjournal.com

Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy

‘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.’

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Mental Capacity Law and Policy, 13th November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘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.’

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Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Court “lacks jurisdiction” to protect party’s lawyers from abuse – Legal Futures

Posted October 21st, 2024 in appeals, confidentiality, employment, harassment, injunctions, jurisdiction, law firms, news by tracey

‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’

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Legal Futures, 21st October 2024

Source: www.legalfutures.co.uk

The High Court in “XING ZHI HAI” assesses the undisclosed principal doctrine in the context of letters of indemnity – 33 Bedford Row

Posted October 16th, 2024 in chambers articles, indemnities, jurisdiction, news, shipping law by tracey

‘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.’

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33 Bedford Row, 10th October 2024

Source: www.33bedfordrow.co.uk

Unreasonable conduct and a leasehold mess – Nearly Legal

Posted September 23rd, 2024 in costs, jurisdiction, landlord & tenant, leases, news by tracey

‘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.’

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Nearly Legal, 22nd September 2024

Source: nearlylegal.co.uk

The inquisitorial jurisdiction of the First-Tier Tribunal (HESC) – Local Government Lawyer

‘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.’

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Local Government Lawyer, 18th September 2024

Source: www.localgovernmentlawyer.co.uk

Renowned solicitor advocate Robin Makin loses appeal against £105,000 costs order – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 8th September 2024

Source: www.lawgazette.co.uk

Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal

Posted August 20th, 2024 in appeals, housing, jurisdiction, landlord & tenant, news, rent, repossession, tribunals by tracey

‘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.’

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Nearly Legal, 19th August 2024

Source: nearlylegal.co.uk

The interpretation of teaching regulation legislation – Local Government Lawyer

‘Leon Glenister reports on a successful defence to a judicial review challenging the established interpretation of teaching regulation legislation.’

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Local Government Lawyer, 19th August 2024

Source: www.localgovernmentlawyer.co.uk

An update on handling applicable law issues in cross-jurisdictional cases: The cases of Yordanov v. Vasilev & Ors [2024] and Nicholls v. Mapfre [2024] – Farrar’s Building

‘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.’

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Farrar's Building, 17th July 2024

Source: www.farrarsbuilding.co.uk

Alcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers

Posted July 31st, 2024 in chambers articles, injunctions, jurisdiction, licensing, news by sally

‘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.’

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Blackstone Chambers, 26th July 2024

Source: www.blackstonechambers.com