jurisdiction – Page 4 – Current Awareness

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

Posted February 3rd, 2022 in agency, appeals, extradition, jurisdiction, news, notification, solicitors, statutory interpretation, Supreme Court, time limits by sally

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

UKSC Blog, 3rd February 2022

Source: ukscblog.com

New Judgment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

Posted December 21st, 2021 in airports, appeals, barristers, climate change, contempt of court, costs, disclosure, environmental protection, fines, jurisdiction, news, Supreme Court by sally

‘The court unanimously dismissed this appeal concerning whether the Supreme Court was wrong to decide that the appellant’s disclosure of the result of the Heathrow appeal, in breach of an embargo on the Court’s judgment, constituted a contempt of court. Furthermore, did the Court then wrongly impose a fine of £5,000 on the appellant, and wrongly order him to pay the respondent’s costs in the sum of £15,000?’

UKSC Blog, 20th December 2021

Source: ukscblog.com

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

Posted November 22nd, 2021 in agriculture, class actions, competition, damages, food, foreign jurisdictions, jurisdiction, news by tracey

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Judge issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President – Local Government Lawyer

Posted November 10th, 2021 in children, families, family courts, jurisdiction, local government, news, placement orders by sally

‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’

Local Government Lawyer, 9th November 2021

Source: www.localgovernmentlawyer.co.uk

Third time’s a charm: can a single dispute include multiple sub-issues in adjudication? – Practical Law: Construction Blog

Posted November 8th, 2021 in construction industry, dispute resolution, jurisdiction, news by tracey

‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.

Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.

One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’

Practical Law: Construction Blog, 3rd November 2021

Source: constructionblog.practicallaw.com

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

Posted November 2nd, 2021 in care orders, children, jurisdiction, local government, news, placement orders, prerogative powers by sally

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com

Posted October 6th, 2021 in HM Revenue & Customs, judicial review, jurisdiction, news, taxation, tribunals, VAT by sally

‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’

OUT-LAW.com, 5th October 2021

Source: www.pinsentmasons.com

Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

Local Government Lawyer, 13th September 2021

Source: www.localgovernmentlawyer.co.uk

Revocation of adoption orders – Local Government Lawyer

Posted September 3rd, 2021 in adoption, appeals, child cruelty, children, coronavirus, families, fostering, jurisdiction, local government, news, remote hearings by tracey

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

Posted September 3rd, 2021 in cohabitation, divorce, families, financial dispute resolution, foreign jurisdictions, jurisdiction, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

Family Law, 31st August 2021

Source: www.familylaw.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

Posted August 27th, 2021 in care orders, children, families, foreign jurisdictions, human rights, jurisdiction, local government, news by tracey

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

Posted August 13th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, local government, news, Supreme Court by tracey

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

Posted August 6th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, news, Supreme Court by tracey

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

UKSC Blog, 30th July 2021

Source: ukscblog.com

Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

Posted July 29th, 2021 in appeals, bias, chambers articles, Commercial Court, confidentiality, disciplinary procedures, disclosure, jurisdiction, news, sport by sally

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

Posted July 7th, 2021 in anonymity, birth, causing death of children or vulnerable adults, children, damages, doctors, families, family courts, freedom of expression, hospitals, human rights, jurisdiction, media, negligence, news, reporting restrictions, whistleblowers by sally

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

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