‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’
Family Law Week, 1st February 2017
Source: www.familylawweek.co.uk
‘The senior judiciary has acted to remind the profession that implementation of Lord Justice Briggs’ Civil Courts Structure Review will cover much more than just the introduction of the Online Court.’
Legal Futures, 6th January 2017
Source: www.legalfutures.co.uk
‘The Court of Appeal has dismissed a high profile challenge by four Portuguese state-owned transport companies to the jurisdiction of the English courts in a dispute over a commonly-used standard form derivatives agreement.’
OUT-LAW.com, 14th December 2016
Source: www.out-law.com
‘The modern court will not allow itself to be used as a “weapon of senseless war”, a judge has warned a family locked in a bitter costs dispute.’
Litigation Futures, 6th December 2016
Source: www.litigationfutures.com
‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’
Family Law Week, 3rd December 2016
Source: www.familylawweek.co.uk
‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’
Blackstone Chambers, 22nd November 2016
Source: www.blackstonechambers.com
‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’
UK Human Rights Blog, 30th November 2016
Source: www.ukhumanrightsblog.com
‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’
Halsbury’s Law Exchange, 9th August 2016
Source: www.halsburyslawexchange.co.uk
‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’
Hardwicke Chambers, 18th July 2016
Source: www.hardwicke.co.uk
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’
Family Law Week, 15th July 2016
Source: www.familylawweek.co.uk
‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’
Law Society’s Gazette, 19th July 2016
Source: www.lawgazette.co.uk
‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’
Counsel, July 2016
Source: www.counselmagazine.co.uk
‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’
Family Law Week, 8th July 2016
Source: www.familylawweek.co.uk
‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’
The Independent, 5th July 2016
Source: www.independent.co.uk
A Local Authority v D and others [2016] EWHC 1438 (Fam)
‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’
WLR Daily, 29th June 2015
Source: www.iclr.co.uk
‘The Court of Appeal has filled a gap in employment law governing student work placements. It found that legislation left university and college students no remedy if they suffered discrimination during their vocational training placements.’
Local Government Lawyer, 1st July 2016
Source: www.localgovernmentlawyer.co.uk
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