The UK and the CJEU after Brexit – Law & Religion UK
‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’ Full StoryLaw & Religion UK,...
View ArticleArbitration: ‘Non-existent’ respondents – Law Society’s Gazette
‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the...
View ArticleHome Office leak shows unpicking of EU nationals’ family reunion rights – The...
‘The leaked Home Office document on Britain’s post-Brexit immigration policy spells out for the first time how ending the jurisdiction of the European court of justice will weaken family reunion rights...
View ArticleUK citizens set for “second class status”– EU (Withdrawal) Bill – The Bar...
‘”This Bill will leave UK citizens and businesses with less protection against the power of the state. Rights are not being brought home, they are being abolished.” Andrew Langdon QC, Chair of the...
View ArticleThe landscape for child disputes post-Brexit – Family Law
‘Resolving the complexities of family life across international borders is notoriously complex. However, with Britain’s impending withdrawal from the EU casting an unexpected shadow over the certainty...
View ArticleFamily: Undertakings and variations – Law Society’s Gazette
‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders...
View ArticleDivorce forum disputes: when dual nationality may not be a possibility –...
‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on...
View ArticleThe Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4...
‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority...
View ArticleAlison Young: Benkharbouche and the Future of Disapplication – UK...
‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and...
View ArticleFrom Russia with love: the latest word on Part III MFPA 1984 Claims – Family...
‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and...
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Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict...
‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings...
View ArticleArticle 15 transfer requests – what happens next? (FE v MR and Others) –...
‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of...
View ArticleRule of law in UK at risk after Brexit, says former supreme court president –...
‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have...
View ArticleOut of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable...
‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High...
View ArticleExploring applications for declarations of parentage (Akyuz v Akyuz) – Family...
‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be...
View ArticleSpeech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the...
‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’ Full speech Courts and Tribunals Judiciary, 30th November 2017 Source:...
View ArticleRobert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy...
‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the...
View ArticleMyths of Brexit – Speech by Lord Justice Hamblen
Myths of Brexit (PDF) Speech by Lord Justice Hamblen Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and...
View ArticleBrexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette
‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday....
View ArticleFinance and Divorce Update, December 2017 – Family Law Week
‘Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.’ Full...
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