Category: jurisdiction

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Posted July 25th, 2014 in consent orders, disclosure, freezing injunctions, jurisdiction, law reports by tracey

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

Full story

Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Posted July 23rd, 2014 in Crown Court, hospital orders, judicial review, jurisdiction, law reports, mental health by michael

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted July 18th, 2014 in appeals, death penalty, drug trafficking, human rights, jurisdiction, law firms, legal aid, legal representation by tracey

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

Lindsay Sandiford case: Bali death row drugs trafficker review call – BBC News

Posted July 16th, 2014 in death penalty, drug trafficking, fees, jurisdiction, legal aid, legal representation, news, Supreme Court by tracey

‘The UK Supreme Court has called on the British government to review the case of a grandmother facing execution in Indonesia on drug charges.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by tracey

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

Full story

UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

Posted July 16th, 2014 in Administrative Court, consultations, equality, human rights, interpretation, jurisdiction, legal aid, news, ultra vires by tracey

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

Full story

UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Finance and Divorce Update – Family Law Week

Posted July 14th, 2014 in appeals, arbitration, bills, delay, divorce, financial provision, jurisdiction, news, royal family, state immunity, time limits by sally

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

Full story

Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by tracey

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 8th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, tribunals by tracey

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

Posted June 27th, 2014 in appeals, child abduction, children, disclosure, human rights, jurisdiction, law reports, news, parental responsibility, passports, proportionality by tracey

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

Posted June 23rd, 2014 in arbitration, contracts, dispute resolution, drafting, interpretation, jurisdiction, news by sally

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

Full story

OUT-LAW.com, 20th June 2014

Source: www.out-law.com

Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

Supreme Court reduces religious no-go area for courts – UK Human Rights Blog

Posted June 12th, 2014 in appeals, charities, jurisdiction, news, Supreme Court, trusts by sally

‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’

Full story

UK Human Rights Blog, 11th June 2014

Source: www.ukhumanrightsblog.com

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

Supreme Court to rule on status of Sikh ‘saint’ – The Independent

Posted June 9th, 2014 in appeals, civil justice, dispute resolution, human rights, jurisdiction, news, religious discrimination, Sikhism, Supreme Court by sally

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

Full story

The Independent, 8th June 2014

Source: www.independent.co.uk

Burrell v Micheldever Tyre Services Ltd – WLR Daily

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, law reports by sally

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716; [2014] WLR (D) 241

‘The Employment Appeal Tribunal could contain the application of the conventional approach to remittal in a number of ways, namely by (i) being robust when applying that approach, (ii) encouraging parties to consent to the Appeal Tribunal disposing of the case itself and (iii) limiting the scope of any remittal made.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Court of Appeal: EAT’s role is not to rule on employment cases on their merits – OUT-LAW.com

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The role of the UK’s Employment Appeal Tribunal (EAT) is generally limited to ruling on the lawfulness of an employment tribunal’s decisions rather than making its own assessment of a case, the Court of Appeal has confirmed.’

Full story

OUT-LAW.com, 4th June 2014

Source: www.out-law.com

Drug smuggler Lindsay Sandiford takes death penalty case to UK supreme court – The Guardian

Posted June 4th, 2014 in appeals, death penalty, drug trafficking, human rights, jurisdiction, legal aid, legal representation, news, Supreme Court by sally

‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’

Full story

The Guardian, 4th June 2014

Source: www.guardian.co.uk