Category: jurisdiction

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

Posted October 1st, 2019 in asylum, children, duty of care, family courts, female genital mutilation, government departments, immigration, injunctions, jurisdiction, local government, news by sally

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

Posted September 25th, 2019 in brexit, constitutional law, judicial review, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by michael

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

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New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

Posted September 13th, 2019 in appeals, brexit, constitutional law, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

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UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

The extent of the inherent jurisdiction – Local Government Lawyer

Posted September 6th, 2019 in alcohol abuse, disabled persons, jurisdiction, local government, mental health, news by sally

‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’

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Local Government Lawyer, 6th September 2019

Source: www.localgovernmentlawyer.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 sally

‘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

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

Posted August 30th, 2019 in appeals, contract of employment, equity, interpretation, jurisdiction, news, rectification, security companies by sally

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

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

Homeowners beware – adjudication can catch you out – Practical Law: Construction Blog

Posted August 16th, 2019 in bias, construction industry, dispute resolution, jurisdiction, news, summary judgments by sally

‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’

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Practical Law: Construction Blog, 14th August 2019

Source: constructionblog.practicallaw.com

Family court has jurisdiction to review its findings of fact, says Court of Appeal – Local Government Lawyer

Posted August 14th, 2019 in appeals, children, family courts, jurisdiction, news by michael

‘The family court has the statutory power to review its own decisions and challenges to findings of fact on the basis of further evidence do not have to be by way of appeal only, the Court of Appeal has held.’

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Local Government Lawyer, 14th August 2019

Source: www.localgovernmentlawyer.co.uk

Discrimination claims and s204 appeal – Local Government Lawyer

Posted August 13th, 2019 in appeals, equality, homelessness, housing, jurisdiction, local government, news, Supreme Court, time limits by sally

‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’

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Local Government Lawyer, 13th August 2019

Source: www.localgovernmentlawyer.co.uk

Equality and Homeless Appeals – Nearly Legal

Posted August 12th, 2019 in appeals, duty of care, equality, homelessness, housing, jurisdiction, local government, news, statutory interpretation by sally

‘Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405. We first saw this case as a county court appeal where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, and the matter went to the Court of Appeal.’

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Nearly Legal, 11th August 2019

Source: nearlylegal.co.uk

High Court to consider scope of provisional assessment appeal – Litigation Futures

Posted August 6th, 2019 in appeals, civil procedure rules, costs, jurisdiction, news by sally

‘The High Court is set to rule on whether a party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing.’

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Litigation Futures, 6th August 2019

Source: www.litigationfutures.com

Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996 – Practical Law: Construction Blog

Posted July 19th, 2019 in compensation, jurisdiction, news, party walls, surveyors by sally

‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable amount of debate among party wall surveyors, so every opportunity for judicial scrutiny and clarification should be welcomed. Therefore, the slightly unusual circumstances that unfolded in the 2012 unreported case of Davis v Trustees of 2 Mulberry Walk provides us with some useful guidance in relation to the operation of section 7(2).’

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Practical Law: Construction Blog, 17th July 2019

Source: constructionblog.practicallaw.com

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by sally

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

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UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Costs award overturned after judge read ‘without prejudice’ letters – Litigation Futures

Posted July 10th, 2019 in appeals, costs, disclosure, employment tribunals, jurisdiction, news, race discrimination, religious discrimination, without prejudice communications by sally

‘A judge was wrong to make a costs order after viewing ‘without prejudice’ material relating to settlement discussions that was not marked “save as to costs”, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 9th July 2019

Source: www.litigationfutures.com

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

Posted July 2nd, 2019 in anonymity, children, civil procedure rules, closed material, coroners, courts, death in custody, inquests, jurisdiction, limitations, local government, media, news, reporting restrictions, statutory duty, suicide by sally

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Part 36 consequences “are severable”, High Court rules – Litigation Futures

Posted June 26th, 2019 in civil procedure rules, costs, judges, jurisdiction, news, part 36 offers by sally

‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’

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Legal Futures, 25th June 2019

Source: www.litigationfutures.com

Chancellor of the High Court talks about the future on visit to Germany – Courts and Tribunals Judiciary

Posted May 23rd, 2019 in artificial intelligence, brexit, computer programs, courts, jurisdiction, press releases by sally

‘On a two-day visit to Germany, the Chancellor of the High Court, Sir Geoffrey Vos, met with judges, lawyers and officials in Bavaria and Berlin to discuss Lawtech and the work of the Business and Property Courts. He spoke at the Palace of Justice in Munich on the position of English law and UK jurisdiction after Brexit to an audience of 120 judges, lawyers and business people, all members of the British Chamber of Commerce in Germany and the Munich Juridical Society.’

Full press release

Courts and Tribunals Judiciary, 21st May 2019

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

Posted May 15th, 2019 in appeals, investigatory powers, jurisdiction, news, privacy, Supreme Court, warrants by sally

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com