Category: jurisdiction

Is the European Court of Human Rights obsessively interventionist? – Andrew Tickell – UK Human Rights Blog

Posted January 23rd, 2012 in admissibility, human rights, jurisdiction, news by sally

“Marie-Bénédicte Dembour calls them ‘forgotten cases’. As Adam Wagner demonstrated in a blog post of last week, Eurosceptic newspapers have a particular interest in overlooking the European Court of Human Right’s decisions of inadmissibility, seeking to buttress claims that the Court is wildly interventionist, imposing alien ‘European’ logics on Britain with gleeful abandon.”

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Chancery Lane warns against move to limit jury trial – Law Sociey’s Gazette

Posted January 18th, 2012 in budgets, Crown Court, juries, jurisdiction, news, trials by sally

“The Law Society president has defended the right to jury trial following reports that the government is considering removing some offences from the jurisdiction of the Crown court.”

Full story

Law Society’s Gazette, 18th January 2012

Source: www.lawgazette.co.uk

Consultation opens on separate jurisdiction for Wales – Law Society’sWelsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality – Law Society’s Gazette

Posted January 5th, 2012 in constitutional reform, consultations, jurisdiction, news, Wales by sally

“Welsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality.”

Full story

Law Society’s Gazette, 4th January 2011

Source: www.lawgazette.co.uk

Green v Eadie and others – WLR Daily

Posted November 22nd, 2011 in jurisdiction, law reports, limitations, misrepresentation, solicitors by sally

Green v Eadie and others [2011] WLR (D) 335

“Sections 2 and 9(1) of the Limitation Act 1980 both applied to a claim brought under section 2(1) of the Misrepresentation Act 1967 and such a claim was therefore, by virtue of section 8(2) of the Limitation Act 1980, not within the ambit of section 8(1) of that Act. The applicable limitation period was therefore six years. Where a person entered into a flawed transaction which might have been capable of being remedied by rescission, loss was first suffered and the cause of action therefore accrued when the person entered into the flawed transaction.”

WLR Daily, 18th November 2011

Source: www.iclr.co.uk

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another – WLR Daily

Posted November 22nd, 2011 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334

“The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. Where a company’s registered office was transferred before the lodging of a request to open insolvency proceedings, its centre of main activities was presumed to be the place of its new registered office.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily

Posted November 3rd, 2011 in appeals, disclosure, documents, jurisdiction, law reports by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another [2011] EWCA Civ 1188; [2011] WLR (D) 309

“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Sunday Mirror loses bid to overturn Olivier Martinez privacy ruling – The Guardian

Posted October 25th, 2011 in EC law, internet, jurisdiction, media, news, privacy by sally

“European court of justice’s decision reinforces law under which UK online publishers can be sued in any EU member state.”

Full story

The Guardian, 25th October 2011

Source: www.guardian.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted July 28th, 2011 in conflict of laws, copyright, jurisdiction, law reports, Supreme Court by sally

Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39;  [2011] WLR (D)  257

“A judge was entitled to conclude that a helmet worn by a fictional character in a film was not a ‘sculpture’ for the purposes of copyright protection. A claim against a defendant domiciled in England for infringement of a foreign copyright could be justiciable in England.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2) – WLR Daily

Posted July 26th, 2011 in employment tribunals, jurisdiction, law reports, Supreme Court, teachers, unfair dismissal by sally

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2); [2011] UKSC 36  [2011] WLR (D)  247

“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

Regina v Boggild and others – WLR Daily

Posted July 22nd, 2011 in affray, appeals, crime, football banning orders, jurisdiction, law reports, sport by sally

Regina v Boggild and others [2011] WLR (D) 237

“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”

WLR Daily, 19th July 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Mereworth v Ministry of Justice – WLR Daily

Posted July 7th, 2011 in jurisdiction, law reports, parliament, peerages & dignities by sally

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217

“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

Strasbourg ruling may change UK’s responsibilities under the Human Rights Act – The Guardian

Posted July 5th, 2011 in human rights, jurisdiction, legislation, news by sally

“The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the grand chamber of the European court of human rights (ECtHR) gives judgment in the case of Al-Skeini and others v the United Kingdom & Al-Jedda v the United Kingdom this week.”

Full story

The Guardian, 4th July 2011

Source: www.guardian.co.uk

Coventry City Council v O and others – WLR Daily

Posted June 24th, 2011 in adoption, county courts, fostering, injunctions, jurisdiction, law reports by sally

Coventry City Council v O and others [2011] EWCA Civ 729; [2011] WLR (D) 205

“Where foster parents issued a notice of intention to adopt a child they were fostering, the local authority retained the power to remove the child from the foster parents’ home to the home either of other foster parents or of prospective adopters, under section 38 of the Adoption and Children Act 2002.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by sally

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

Posted June 2nd, 2011 in appeals, arbitration, injunctions, jurisdiction, law reports by sally

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647; [2011] WLR (D) 185

“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Hull – WLR Daily

Posted May 27th, 2011 in appeals, jurisdiction, law reports, news, sentencing, transfer of prisoners by sally

Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177

“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in the ICLR series the corresponding WLR Daily summary is removed.

FKI Engineering Ltd and another v Stribog Ltd – WLR Daily

Posted May 27th, 2011 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178

“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.