Category: jurisdiction

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

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

The Times, 11th February 2009

Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37

Diggins v Condor Marine Crewing Services Ltd – WLR Daily

Posted February 9th, 2009 in employment tribunals, jurisdiction, law reports, ships, unfair dismissal by sally

“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”

WLR Daily, 6th February 2009

Regina (Al-Saadoon and Another) v Secretary of State for Defence

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

Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports

Posted February 4th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

Court of Appeal

“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”

The Times, 4th February 2009

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 2009

Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11

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

Akinnoye Agbaje v Akinnoye Agbaje – WLR Daily

Posted January 22nd, 2009 in divorce, financial provision, jurisdiction, law reports by sally

“A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in an overseas country.”

WLR Daily, 21st January 2009

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9

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

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) – WLR Daily

Posted January 21st, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

“When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened had the solicitors performed the undertakings at the time they were given.”

WLR Daily, 20th January 2009

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

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

In re Phonographic Performance Ltd – WLR Daily

Posted November 25th, 2008 in copyright, jurisdiction, law reports, tribunals by sally

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th November 2008

Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340

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

Ignaoua v Judicial Authority of the Courts of Milan – WLR Daily

Posted November 3rd, 2008 in extradition, habeas corpus, jurisdiction, law reports by sally

“Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1.”

WLR Daily, 31st October 2008

Practice Direction (Upper Tribunal: Judicial review jurisdiction); [2008] WLR (D) 336

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

Practice Direction (Upper Tribunal: Judicial review jurisdiction) – WLR Daily

Posted October 31st, 2008 in judicial review, jurisdiction, law reports, practice directions, tribunals by sally

“Two classes of application to the Upper Tribunal were specified for the purposes of s 18(6) of the Tribunals, Courts and Enforcement Act 2007.”

WLR Daily, 30th October 2008

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

Roman Arkadievich Abramovich: the judgment in full – The Times

Posted October 30th, 2008 in jurisdiction, law reports, Russia, winding up by sally

“High Court ruling includes details of Abramovich’s UK properties, other assets, travel plans and business dealings.”

The Times, 30th October 2008

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn – WLR Daily

Posted October 24th, 2008 in arbitration, jurisdiction, law reports by sally

“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”

WLR Daily, 23rd October 2008

Regina v M (Restraint order: Jurisdiction)

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

Regina v M (Restraint order: Jurisdiction) – Times Law Reports

Posted October 24th, 2008 in contempt of court, jurisdiction, law reports, restraint orders by sally

Court of Appeal

“A trial judge did have jurisdiction to try an application by the prosecution for a defendant to be committed for contempt for allegedly breaching a restraint order.”

The Times, 24th October 2008

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Gomez and others v Gomez-Vives and others – WLR Daily

Posted October 6th, 2008 in breach of trust, conflict of laws, EC law, jurisdiction, law reports by sally

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd October 2008

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

The long arm of the English courts – The Times

Posted August 12th, 2008 in jurisdiction, special report by sally

“A dispute between oligarchs leads to questions over how far the courts are willing to go in passing judgment over another jurisdiction.”

The Times, 12th August 2008

Regina (A) v Director of Establishments of the Security Service

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted August 5th, 2008 in human rights, investigatory powers, jurisdiction, law reports, tribunals by sally

Queen’s Bench Division

“The Investigatory Powers Tribunal did not have exclusive jurisdiction where a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights brought up matters within its purview.”

The Times, 5th August 2008

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 2008

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

Sex tourists face UK prosecution over abuse abroad – Daily Telegraph

Posted July 11th, 2008 in child abuse, jurisdiction, news, prosecutions, sexual offences by sally

“Sex tourists who abuse children abroad face prosecution in the UK. The new legislation, contained in the Criminal Justice and Immigration Act 2008, will come into effect from Monday. It means that UK nationals who commit a specified sexual offence against a child overseas can expect to be prosecuted for the offence on their return to the UK.”

Daily Telegraph, 11July 2008

Source: www.telegraph.co.uk

UBS fails in bid to fight sub-prime lawsuit in London – The Times

Posted July 9th, 2008 in banking, fraud, jurisdiction, news by sally

“The Swiss bank has been told by the High Court that it must defend itself against a £100m lawsuit in the US, not in London.”

The Times, 8th July 2008

Masri v Consolidated Contractors International Co SAL and Another (No 3)

Masri v Consolidated Contractors International Co SAL and Another (No 3) – Times Law Reports

Posted June 25th, 2008 in injunctions, jurisdiction, news by sally

Court of Appeal

“The English court had an ancillary power to grant an injunction restraining a foreign defendant, who had submitted to the court’s jurisdiction and against whom judgment had been awarded, from continuing proceedings abroad which attempted to relitigate issues determined in the English court.”

The Times, 25th June 2008