Category: jurisdiction

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted May 18th, 2020 in armed forces, chambers articles, courts martial, criminal justice, jurisdiction, news, rape, sexual offences by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers

Posted May 12th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’

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Park Square Barristers, 1st May 2020

Source: www.parksquarebarristers.co.uk

Jurisdiction of the court as well as the adjudicator under scrutiny – Hardwicke Chambers

Posted May 7th, 2020 in chambers articles, dispute resolution, jurisdiction, news, telecommunications by sally

‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

Posted May 6th, 2020 in appeals, banking, insurance, jurisdiction, news, statutory interpretation, Supreme Court by sally

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

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UKSC Blog, 5th May 2020

Source: ukscblog.com

The Law Commission Recommends Wide Ranging Changes to Employment Tribunals’ Powers – Parklane Plowden Chambers

Posted May 5th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘On 29 April 2020 the Law Commission published its recommendations for changes to the jurisdiction and powers of employment tribunals. It would be fair to say that the statutory nature of the tribunal’s powers has given rise to anomalies: jurisdiction is constrained in certain contexts, and there are a number of discrepancies between the extent of the jurisdiction of civil courts on the one hand and employment tribunals on the other.’

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Parklane Plowden Chambers, 1st May 2020

Source: www.parklaneplowden.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

Posted May 1st, 2020 in appeals, children, education, housing, jurisdiction, local government, news, school admissions, school children by sally

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

Posted April 27th, 2020 in causation, class actions, coronavirus, damages, delay, jurisdiction, news, remote hearings, stay of proceedings by sally

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

COVID-19 and Prisons: The Coronavirus Restricted Temporary Release Scheme, Pregnant Prisoners and Children in Custody – One Pump Court

Posted April 24th, 2020 in chambers articles, children, coronavirus, detention, health, health & safety, immigration, jurisdiction, news, pregnancy, prisons by sally

‘COVID-19 is a dangerous reality for prisoners. As of 18 April 2020, confirmed cases of COVID-19 have been reported in over half of prisons in England and Wales. There have been 13 suspected COVID-19 deaths among prisoners[1]. Amongst this wider concern, those who are pregnant and children in custody may be particularly anxious during this unprecedented time.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

Posted April 16th, 2020 in chambers articles, county courts, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

Posted April 14th, 2020 in artificial intelligence, courts, criminal justice, judiciary, jurisdiction, news, race discrimination by sally

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

New Judgment: Aspen Underwriting Ltd & Ors v Credit Europe Bank NV; & anor case [2020] UKSC 11 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, EC law, insurance, jurisdiction, news, Supreme Court by sally

‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

When will the insolvency court review, rescind or vary any order made by it? (Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others) – Radcliffe Chambers

Posted March 25th, 2020 in chambers articles, insolvency, jurisdiction, news by sally

‘This article analyses the latest decision in the challenge to the company voluntary arrangement (CVA) entered into by Debenhams Retail Ltd (Debenhams) in 2019. Southampton Estates Ltd (Southampton) sought, pursuant to rule 12.59 of the Insolvency Rules 2016 (IR 2016), SI 2016/1024, that Sir Alastair Norris, sitting as a High Court judge, review and vary his earlier decision that the Debenhams CVA was valid and enforceable. Written by Kate Rogers, barrister, at Radcliffe Chambers.’

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Radcliffe Chambers, 2nd March 2020

Source: radcliffechambers.com

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

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The 36 Group, 4th March 2020

Source: 36group.co.uk

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

Posted March 12th, 2020 in divorce, financial provision, freezing injunctions, insolvency, joinder, jurisdiction, news by tracey

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Forced Marriage Protection Orders – the approach to take – UK Police Law Blog

Posted March 5th, 2020 in family courts, forced marriages, human rights, jurisdiction, news, passports by tracey

‘Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190.’

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UK Police Law Blog, 5th March 2020

Source: ukpolicelawblog.com

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

Posted February 26th, 2020 in care orders, chambers articles, children, Court of Protection, jurisdiction, news, young persons by sally

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Cryptocurrency is Property: AA v Persons Unknown – The 36 Group

Posted February 11th, 2020 in contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘In a significant recent decision, the High Court has acknowledged the finding of the UK Jurisdiction Taskforce (“UKJT”) in its Legal Statement on Cryptoassets and Smart Contracts that cryptocurrency is property.’

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The 36 Group, 11th February 2020

Source: 36group.co.uk

Disposals of cryptoassets, tax & the UKJT Legal Statement – Society for Computers and Law

Posted February 6th, 2020 in cryptocurrencies, electronic commerce, jurisdiction, news, taxation by sally

‘Leigh Sagar looks at the mechanics and tax implications of cryptoasset disposals in the light of the UK Jurisdiction Taskforce Legal Statement on cryptoassets and smart contracts.’

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Society for Computers and Law, 29th January 2020

Source: www.scl.org