In the matter of A (Children) (AP) – Supreme Court
In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)
Supreme Court, 9th September 2013
Category: jurisdiction
Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily
Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12); [2013] WLR (D) 346
“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily
“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”
WLR Daily, 9th September 2013
Source: www.iclr.co.uk
Children: Private Law update (August 2013) – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”
Family Law Week, 15th August 2013
Source: www.familylawweek.co.uk
Not equal everywhere: legal problems for gay couples who emigrate – Daily Telegraph
“Same-sex couples face continued uncertainty over their legal rights abroad that could leave them vulnerable. Family lawyer Fiona Wood explains more.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
Head in the cloud – New Law Journal
“Robert Brown examines the implications for eDisclosure when a company’s data has moved into cyberspace.”
New Law Journal, 19th July 2013
Source: www.newlawjournal.co.uk
Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily
“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
Is complicity with the death penalty illegal? – UK Human Rights Blog
“In a previous blog post on these pages, the case of Lindsay Sandiford was examined. Sandiford – a British citizen facing the death penalty in Indonesia – had asked the UK Government for funding to help her appeal, but was refused financial help. The Court of Appeal ruled in favour of the Government, stating that the decision to provide legal aid to a British citizen abroad is a discretionary matter for the executive.”
UK Human Rights Blog, 17th July 2013
Source: www.ukhumanrightsblog.com
Britain and the International Rule of Law – Attorney General’s Office
“Speech to Chatham House on Britain’s contribution to the development of international law Originally given at London. This is the text of the speech as drafted, which may differ slightly from the delivered version.”
Attorney General’s Office, 3rd July 2013
Source: www.gov.uk/ago
Data protection enforcement in UK, France and Germany explained – OUT-LAW.com
“FOCUS: Companies operating in the European Union must process personal data in line with the EU’s Data Protection Directive. But, like Google in recent years, they find themselves facing very different enforcement regimes in each country.”
OUT-LAW.com, 5th July 2013
Source: www.out-law.com
Regina v Lawrence – WLR Daily
Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263
“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”
WLR Daily, 28th June 2013
Source: www.iclr.co.uk
RIPA: hacked voicemails and undercover officers – Panopticon
“The Regulation of Investigatory Powers Act 2000 (RIPA) has featured prominently in the news in recent weeks, both as regards undercover police officers/’covert human intelligence sources’ and as regards the phone-hacking scandal.”
Panopticon, 28th June 2013
Source: www.panopticonblog.com
Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) – WLR Daily
“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
There’s no place like home – NearlyLegal
“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”
NearlyLegal, 23rd June 2013
Source: www.nearlylegal.co.uk
“Snatch Rover” case – inviting judges into the theatre of war? – UK Human Rights Blog
“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”
UK Human Rights Blog, 20th June 2013
Source: www.ukhumanrightsblog.com
Goldbet Sportwetten GmbH v Sperindeo – WLR Daily
Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230
“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily
“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”
WLR Daily, 6th June 2013
Source: www.iclr.co.uk
Legal Ombudsman chairman calls for major expansion in jurisdiction – Legal Futures
“All consumers of legal services – using a broad definition that includes ‘linked professional services and advice that has a legal dimension’ – should have access to the Legal Ombudsman (LeO), its chairman said today.”
Legal Futures, 13th June 2013
Source: www.legalfutures.co.uk
New employment tribunal procedural rules published – OUT-LAW.com
“Fees will be introduced for workers wishing to raise a claim in the Employment Tribunal from 29 July 2013. Procedural rules governing the process will also change from that date.”
OUT-LAW.com, 5th June 2013
Source: www.out-law.com
