R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings
‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the...
View ArticleThe English courts found to have jurisdiction where an alternative forum was...
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency...
View ArticleCan an adult child seek maintenance from their parents? – Family Law
‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’ Full...
View ArticleHigh Court Considers Cart JR Ouster Clause – EIN Blog
‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial...
View ArticleStrasbourg ‘had no jurisdiction’ to block Rwanda flight – Law Society’s Gazette
‘Interim measures by the European Court of Human Rights including the one stopping deportation flights to Rwanda are not binding on governments, human rights law experts claim in a report published by...
View ArticleCourt of Appeal hands down judgment in the FX Collective Proceedings –...
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down...
View ArticleCoronial powers and the rights of the unborn (Part 1) – UK Human Rights Blog
‘In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the “harrowing circumstances” of the death of a baby, Aisha...
View ArticleCourt of Appeal hands down judgment in the Trucks Collective Proceedings:...
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised...
View ArticleForced marriage and the inherent jurisdiction – Local Government Lawyer
‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’ Full Story Local Government Lawyer, 15th September 2023Source:...
View ArticlePub murder conviction quashed over procedural error – BBC News
‘A man who was jailed for murdering another man outside a pub has had his conviction quashed because of a procedural error.’ Full StoryBBC News, 25th October 2023Source: www.bbc.co.uk
View ArticleThe Pensions Ombudsman – competent but not a court – Pensions Barrister
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme...
View ArticleCourt of Appeal adds additional hurdle to pension trustees recouping payments...
‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent...
View ArticleReassurances, Assurances or Uncertainties? – Hailsham Chambers
‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’ Full StoryHailsham Chambers, 5th October...
View Article“Sufficient interest” in faculty petitions – II – Law & Religion UK
‘Re St. Nicholas Leicester [2023] ECC Lei 3 is the third consideration of an on-going faculty application for the introduction of a new altar frontal in the form of a Progress Pride image with a white...
View ArticleCourt discretion and dispute resolution clauses – Law Society’s Gazette
‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR...
View ArticleVulnerable adults and non-recognition of marriage – Local Government Lawyer
‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’ Full StoryLocal Government...
View ArticleTribunal throws out solicitor’s claim based on sale of practice – Legal Futures
‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’ Full StoryLegal...
View ArticleHere we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling...
‘There had been a number of adjudications between the parties: – The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19...
View ArticleAnti-suit injunction issued by English court to halt Russian proceedings –...
‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised...
View ArticleA Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291...
‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an...
View ArticleMan fails in bid to end French civil partnership in England – Law Society’s...
‘A man born in England has lost his bid to have the Family Court here oversee the dissolution of his French civil partnership.’ Full StoryLaw Society's Gazette, 24th May 2024Source: www.lawgazette.co.uk
View ArticleLenovo v Ericsson – Blackstone Chambers
‘The Patents Court (Richards J) has dismissed Ericsson’s applications contesting the Court’s jurisdiction and seeking a strike out of elements of Lenovo’s claim. Richards J further dismissed Ericsson’s...
View ArticleIllegal disposal of pews: Church of St Michael, Bath, Twerton-on-Avon – Law &...
‘In a guest post, Shirani Herbert, Legal Correspondent of the Church Times, reviews the errors, irregularities and illegality following the removal of pews under licence – Re: Church of St Michael,...
View ArticleWhat is a ‘New Matter’ in an Immigration Appeal? – EIN Blog
‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal....
View ArticleQualified Legal Representatives – the challenges so far – Becket Chambers
‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon...
View ArticleAlcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers
‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’ Full StoryBlackstone Chambers,...
View ArticleAn update on handling applicable law issues in cross-jurisdictional cases:...
‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated...
View ArticleThe interpretation of teaching regulation legislation – Local Government Lawyer
‘Leon Glenister reports on a successful defence to a judicial review challenging the established interpretation of teaching regulation legislation.’ Full StoryLocal Government Lawyer, 19th August...
View ArticleJurisdiction of the FTT on referrals of rent increases. – Nearly Legal
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’ Full StoryNearly...
View ArticleRenowned solicitor advocate Robin Makin loses appeal against £105,000 costs...
‘A renowned solicitor advocate has had his appeal against a £105,000 costs order dismissed by a judge because he applied to the wrong court.’ Full StoryLaw Society's Gazette, 8th September 2024Source:...
View ArticleThe inquisitorial jurisdiction of the First-Tier Tribunal (HESC) – Local...
‘An Upper Tribunal judge has handed down an important ruling on the inquisitorial jurisdiction of the First-tier Tribunal (Health, Education and Social Care Chamber) in relation to EHCPs. Benjamin...
View ArticleUnreasonable conduct and a leasehold mess – Nearly Legal
‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC) This was the appellant leaseholders’...
View ArticleThe High Court in “XING ZHI HAI” assesses the undisclosed principal doctrine...
‘Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm). The judgment of Christopher Hancock KC, handed down on 18 September 2024,...
View ArticleCourt “lacks jurisdiction” to protect party’s lawyers from abuse – Legal Futures
‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’ Full StoryLegal Futures, 21st October...
View ArticleFCA v BlueCrest Capital Management – Blackstone Chambers
‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress...
View ArticleCoercion, control and powers of attorney – a dilemma for the court – Mental...
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the...
View ArticleThe End of the Non-Dom Tax Status: Time Now to End Family Law Domicile...
‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best...
View ArticleLack of sanction for costs draftsman shows “hole in regulation” – Legal Futures
‘A judge’s comments on the lack of recourse against an unregulated costs draftsman should focus minds on this hole in legal regulation, the Association of Costs Lawyers (ACL) has argued.’ Full...
View ArticleJudge rejects application by local authority for declaration in dispute...
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act...
View ArticleKA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court
‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human...
View ArticleCourt of Appeal finds against Shell in environmental claims over oil spills –...
‘The Court of Appeal has allowed a challenge against a declaration that claims against Shell over oil spills in the Niger Delta region in Nigeria were “global claims”, finding that the right of a...
View ArticleUK ruling clarifies ‘good arguable case’ threshold for freezing injunction –...
‘A recent judgment by the Court of Appeal provides long-awaited clarity to the threshold to be met in demonstrating a “good arguable case” when seeking to obtain a worldwide freezing order (WFO).’ Full...
View ArticleSection 84(1) of the Law of Property Act 1925: Jurisdiction and Discretion:...
‘Edward Denehan, a barrister at Tanfield Chambers, discusses the Supreme Court’s ruling in Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust, which clarified the distinction between...
View ArticleRescission of a Bankruptcy Order (Collatory Case) – 33 Bedford Row
‘Section 375(1) of the Insolvency Act 1980 provides: “Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of...
View ArticleDane Luo: R (Jwanczuk) v Work and Pensions Secretary: Bringing a Comparative...
‘The Supreme Court will hear the appeal in R (Jwanczuk) v Secretary of State for Work and Pensions (UKSC/2023/0152) on 11 and 12 March 2025. One of the issues is the circumstances in which courts in...
View ArticleJudge dismisses claim by US TV actor that his house was not liable for...
‘The High Court has rejected an attempt by American actor Mercer Boffey to argue that his house in Richmond is not liable for council tax.’ Full StoryLocal Government Lawyer, 29th January 2025Source:...
View ArticleProperty and Affairs Report – February 2025 – 39 Essex Chambers
‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’ Full Story39 Essex Chambers, 1st February 2025Source: www.39essex.com
View ArticleAccess Injunctions – a discussion of some recent issues – St Ives Chambers
‘As housing practitioners, an application we see regularly is for an injunction for access for gas safety checks. Over the last 3 months, 4 issues have been raised with me so I thought it was a good...
View ArticleDoes the Court of Protection have jurisdiction over children? Answer yes – up...
‘In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple with a question that had not been the subject of a previous reported decision: what can...
View ArticleHigh Court judge says children who crossed Channel in boat can be returned to...
‘A judge has ruled that the operation of immigration and asylum law no longer prevents the High Court from implementing a decision to return a child to another State before their asylum claim here has...
View Article