Category: jurisdiction

Leman-Klammers v Klammers

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

Leman-Klammers v Klammers – Times Law Report

Posted October 4th, 2007 in appeals, divorce, France, jurisdiction, law reports by sally

Divorce pending appeal valid

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th October 2007

Secretary of State for Work and Pensions v. Morina; Same v Borrowdale

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

Secretary of State for Work and Pensions v. Morina; Same v. Borrowdale – Times Law Reports

Posted August 24th, 2007 in jurisdiction, law reports, social security by sally

Court can hear appeal on jurisdiction point

Court of Appeal

“The Court of Appeal could determine an appeal by the Secretary of State for Work and Pensions on the Social Security Commissioner’s jurisdiction to hear an appeal from a legally qualified panel member of the Social Security Appeal Tribunal where the commissioner had accepted jurisdiction but had dismissed the appeal on the merits.”

The Times, 24th August 2007

Gibson v. Government of the United States of America

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

Gibson v Government of the United States of America – Times Law Reports

Posted August 3rd, 2007 in extradition, jurisdiction, law reports, precedent by sally

Board can depart from its own decisions

Privy Council

“The principle of stare decisis was not absolute and the Privy Council could exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect.”

The Times, 3rd August 2007

Grovit v. De Netherlandsche Bank NV and others

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

Grovit v. De Netherlandsche Bank NV and others – WLR Daily

Posted July 26th, 2007 in conflict of laws, defamation, jurisdiction, law reports by sally

“An action for libel against the central bank of the Netherlands was not a civil and commercial matter within the terms of Council Regulation 44/2001/EC (the Judgments Regulation on jurisdiction in civil and commercial matters) so as to permit the action to go ahead in the English courts.”

WLR Daily, 24th July 2007

Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749

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

Secretary of State for Work and Pensions v. Morina – WLR Daily

Posted July 25th, 2007 in jurisdiction, law reports, social security by sally

“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”

WLR Daily, 23rd July 2007

Samengo-Turner and others v. J & H March & McLennan (Services) Ltd. and others [2007] EWCA Civ 723

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

Samengo-Turner and others v. J & H Marsh & McLennan (Services) Ltd. and others – WLR Daily

Posted July 16th, 2007 in injunctions, jurisdiction, law reports by sally

“Where parallel employment-related proceedings were taking place in New York and London it was open to the court, in an appropriate case and where the terms of s 5 of Council Regulation 44/2001 were satisfied, to grant an anti-suit injunction restraining the New York proceedings.”

WLR Daily, 12th July 2007

Regina (Crown Prosecution Service) v. Guildford Crown Court

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

Regina (Crown Prosecution Service) v. Guildford Crown Court – Times Law Reports

Posted July 16th, 2007 in jurisdiction, law reports, sentencing by sally

Divisional Court cannot correct crown court judge

Queen’s Bench Divisional Court

“The High Court did not have power to quash an unlawful sentence imposed by a crown court judge.”

The Times, 16th July 2007

Wilson v. Jaymarke Estates Ltd.

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Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 2007

Jaffray and ors v. Society of Lloyd’s [2007] EWCA Civ 586

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Jaffray and ors v. Society of Lloyd’s – WLR Daily

Posted June 22nd, 2007 in appeals, fraud, jurisdiction, law reports by sally

“The question whether the Court of Appeal had jurisdiction to reopen a case which had been before it already but where there was now an allegation of fraud, as opposed to a claim of bias by the court, was arguably moot notwithstanding ostensible authority that no such jurisdiction existed.”

WLR Daily, 20th June 2007

R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening)

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

R (Al-Skeini and others) v. Secretary of State for Defence – WLR Daily

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.

WLR Daily, 13th June 2007

Regina (Al-Skeini and Other) 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-Skeini and Others) v. Secretary of State for Defence – Times Law Reports

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

House of Lords

“The Human Rights Act 1998 was capable of applying to acts of a United Kingdom public authority performed outside its territory only where the victim was within the jurisdiction of the UK for purposes of article 1 of the European Convention on Human Rights.”

The Times, 14th June 2007

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

Iraqi death covered by human rights laws, say Lords – The Independent

Posted June 13th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“The European Convention on Human Rights does apply to the case of an Iraqi man who died while in the custody of British troops, the House of Lords ruled today.”

Regina (Jones) v. Ceredigion County Council (No. 2)

The Independent, 13th June 2007

Source: www.independent.co.uk

Regina (Jones) v. Ceredigion County Council (No. 2) – Times Law Reports

Posted May 24th, 2007 in appeals, jurisdiction, law reports by sally

Applicant free not to pursue appeal to House of Lords

House of Lords

“Where the House of Lords gave an applicant for a leapfrog appeal from the High Court permission to appeal on terms as to the issues which could be argued or as to costs, it was open to that applicant to decline to proceed and instead to pursue an appeal before the Court of Appeal.”

The Times, 24th May 2007

AWB Geneva SA and another v. North America Steamships Ltd. [2007] EWHC 1167 (Comm)

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AWB Geneva SA and another v. North America Steamships Ltd. – WLR Daily

Posted May 22nd, 2007 in conflict of laws, insolvency, jurisdiction, law reports by sally

“A party to a contract that was subject to the exclusive jurisdiction of the English High Court could not restrain the other party’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.”

WLR Daily, 17th May 2007

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

Does Basra have the right to life? – Daily Telegraph

Posted April 19th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“Further charges may be brought against British troops over the death of the Iraqi hotel worker Baha Mousa, Government lawyers revealed in court this week. The disclosure was made to five law lords who are being asked to decide whether the Human Rights Act entitles families of Iraqis killed under British occupation to independent inquiries into their deaths.”

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk

Law Lords consider Iraqi deaths – BBC News

Posted April 17th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“The Law Lords are to consider whether the cases of six Iraqi civilians who died at the hands of the British are subject to UK human rights law.”

BBC News, 17th April 2007

Source: www.bbc.co.uk

Appeal on Iraqi civilian ‘torture death’ to begin – Daily Telegraph

Posted April 16th, 2007 in armed forces, courts martial, Iraq, jurisdiction, news by sally

“Five of Britain’s most senior judges will begin hearing an appeal this week that could lead to independent inquiries into the deaths of Iraqi civilians at the hands of British troops in Iraq.”