‘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
‘A man born in England has lost his bid to have the Family Court here oversee the dissolution of his French civil partnership.’
Law Society's Gazette, 24th May 2024
Source: www.lawgazette.co.uk
‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’
Wilberforce Chambers, 26th April 2024
Source: www.wilberforce.co.uk
‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’
OUT-LAW.com, 23rd April 2024
Source: www.pinsentmasons.com
‘There had been a number of adjudications between the parties:
– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’
39 Essex Chambers, 18th April 2024
Source: www.39essex.com
‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’
Legal Futures, 2nd April 2024
Source: www.legalfutures.co.uk
‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’
Law Society's Gazette, 2nd February 2024
Source: www.lawgazette.co.uk
‘Re St. Nicholas Leicester [2023] ECC Lei 3 is the third consideration of an on-going faculty application for the introduction of a new altar frontal in the form of a Progress Pride image with a white cross applied to it. Two potential designs have been provided and the petitioners are seeking to have permission for the frontal to be displayed during Sunday worship and on Saturdays when the church is open to the public, Re St. Nicholas Leicester [2023] ECC Lei 1 (28 January 2023).’
Law & Religion UK, 25th January 2024
Source: lawandreligionuk.com
‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’
Hailsham Chambers, 5th October 2023
Source: www.hailshamchambers.com
‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
‘A man who was jailed for murdering another man outside a pub has had his conviction quashed because of a procedural error.’
BBC News, 25th October 2023
Source: www.bbc.co.uk
‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’
Local Government Lawyer, 15th September 2023
Source: www.localgovernmentlawyer.co.uk
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the “harrowing circumstances” of the death of a baby, Aisha Cleary, at HMP Bronzefield. This first part seeks to answer the question: should coroners have jurisdiction to investigate stillbirths?’
UK Human Rights Blog, 11th August 2023
Source: ukhumanrightsblog.com
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