Category: jurisdiction

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Strasbourg ‘had no jurisdiction’ to block Rwanda flight – Law Society’s Gazette

Posted June 6th, 2023 in airlines, asylum, deportation, human rights, jurisdiction, news, Rwanda by sally

‘Interim measures by the European Court of Human Rights including the one stopping deportation flights to Rwanda are not binding on governments, human rights law experts claim in a report published by a centre-right thinktank today. Rule 39 and the Rule of Law, published by Policy Exchange’s Judicial Power Project, concludes that the Strasbourg court’s “rule 39” procedure was never approved by member states and that the government should challenge its lawfulness “robustly”.’

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Law Society's Gazette, 5th June 2023

Source: www.lawgazette.co.uk

High Court Considers Cart JR Ouster Clause – EIN Blog

Posted May 9th, 2023 in appeals, judicial review, jurisdiction, news, statutory interpretation, tribunals by sally

‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July 2022.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

Can an adult child seek maintenance from their parents? – Family Law

Posted April 14th, 2023 in children, families, family courts, financial provision, jurisdiction, news, statutory interpretation by tracey

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve

Posted April 5th, 2023 in chambers articles, dispute resolution, fraud, insolvency, jurisdiction, news by sally

‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’

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Mills & Reeve, 3rd April 2023

Source: www.mills-reeve.com

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

Posted March 30th, 2023 in chambers articles, jurisdiction, local government, news, ombudsmen, special educational needs, tribunals by sally

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

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St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

Posted October 28th, 2022 in arbitration, contracts, foreign jurisdictions, international law, jurisdiction, news, service, service out of jurisdiction by tracey

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Re S: A short lesson on jurisdiction in international children cases post-Brexit – Family Law

Posted July 22nd, 2022 in brexit, children, families, family courts, jurisdiction, kidnapping, news by tracey

‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’

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Family Law, 21st July 2022

Source: www.familylaw.co.uk

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

Posted June 24th, 2022 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, local government, news by tracey

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

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Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

Barrister given green light to pursue outstanding fees claim – Legal Futures

Posted May 16th, 2022 in barristers, fees, jurisdiction, law firms, news by tracey

‘The High Court has rejected an Italian law firm’s bid to stay a barrister’s claim for outstanding fees because of an action it took against him in its home country.’

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Legal Futures, 16th May 2022

Source: www.legalfutures.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

Posted April 29th, 2022 in adoption, care orders, children, families, family courts, foreign jurisdictions, jurisdiction, local government, news, placement orders by tracey

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

Posted April 12th, 2022 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, news by tracey

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

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Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer

Posted April 8th, 2022 in child abuse, indecent photographs of children, internet, jurisdiction, local government, mental health, news, passports, sexual grooming, sexual offences by sally

‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

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Falcon Chambers, March 2022

Source: www.falcon-chambers.com

Judge lambasts parties’ animosity in latest ‘Dr Bitcoin’ ruling – Law Society’s Gazette

Posted March 30th, 2022 in cryptocurrencies, duty of care, jurisdiction, London, news by sally

‘Parties in the latest round of litigation involving a controversial claim to have originated the Bitcoin digital currency have been warned by a judge against using the courts as a vehicle for their animosity. Ruling in an application over the choice of London as a jurisdiction, Mrs Justice Falk also set out what was hailed as a landmark statement of the law relating to blockchain encryption technology.’

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Law Society's Gazette, 28th March 2022

Source: www.lawgazette.co.uk

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

Posted March 4th, 2022 in appeals, construction industry, contracts, dispute resolution, fees, jurisdiction, news by tracey

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

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Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

Posted March 4th, 2022 in appeals, brexit, devolution, devolution issues, human rights, judicial review, jurisdiction, news, Supreme Court, Wales by tracey

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Scottish law firm can be sued for negligence in England – Legal Futures

Posted March 4th, 2022 in jurisdiction, law firms, local government, negligence, news, planning, Scotland, solicitors by tracey

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022

Source: www.legalfutures.co.uk

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

Posted February 22nd, 2022 in arbitration, construction industry, dispute resolution, enforcement, jurisdiction, news by tracey

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

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Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Greater Sentencing Power for Magistrates – A Solution to the Backlog? – Pump Court Chambers

Posted February 14th, 2022 in budgets, chambers articles, coronavirus, criminal justice, Crown Court, delay, jurisdiction, magistrates, news, sentencing by sally

‘It was confirmed on 18 January 2020 that Magistrates are to have their sentencing powers increased in the coming months, granting them broader power than ever before. The most significant change is that Magistrates’ will be able to impose a sentence of up to 12 months in custody which is double the previous maximum sentence. Effectively, this means that Magistrates will be able to accept jurisdiction for more serious either way offences, such as for Fraud, Theft or Assault, which would have originally been sent to the Crown Court without giving the Defendant the option to elect to remain in the Magistrates’.’

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Pump Court Chambers, 7th February 2022

Source: www.pumpcourtchambers.com