Category: jurisdiction

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

Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, choice of forum, disclosure, jurisdiction, news by sally

‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’

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Hardwicke Chambers, 4th February 2020

Source: hardwicke.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

Posted January 14th, 2020 in contempt of court, holidays, jurisdiction, news, personal injuries, pre-action conduct, witnesses by sally

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

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Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

Posted January 6th, 2020 in appeals, housing, jurisdiction, landlord & tenant, leases, news, repairs, service charges, tribunals by sally

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by tracey

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog

Posted December 17th, 2019 in construction industry, contracts, jurisdiction, news, planning by tracey

‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’

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Practical Law Construction Blog, 17th December 2019

Source: constructionblog.practicallaw.com

What happens when a court order in private family law proceedings is breached? – Becket Chambers

Posted December 13th, 2019 in children, compensation, enforcement, families, family courts, imprisonment, jurisdiction, news, sentencing by sally

‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’

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Becket Chambers, 10th December 2019

Source: becket-chambers.co.uk

Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers

Posted December 4th, 2019 in choice of forum, conspiracy, jurisdiction, news by sally

‘On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2019] 2 WLR 1051.’

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction) – 1 GC: Family Law

Posted December 2nd, 2019 in child abduction, conflict of laws, jurisdiction, news, treaties by sally

‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’

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1 GC: Family Law, 21st November 2019

Source: 1gc.com

High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com

Posted November 26th, 2019 in insolvency, jurisdiction, news, stay of proceedings by tracey

‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’

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OUT-LAW.com, 25th November 2019

Source: www.pinsentmasons.com

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

Posted November 20th, 2019 in children, domestic violence, family courts, forced marriages, jurisdiction, news, non-molestation orders, wardship by sally

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

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5SAH, 12th November 2019

Source: www.5sah.co.uk

Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers

Posted November 20th, 2019 in financial regulation, jurisdiction, news, ombudsmen by sally

‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’

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Hardwicke Chambers, 13th November 2019

Source: hardwicke.co.uk