Why ‘where’ matters – jurisdiction considerations for international divorces...
‘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...
View Article10 cases that defined 2019 – UK Human Rights Blog
‘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...
View ArticleOn not being entitled to make decisions, let alone wrong ones – Nearly Legal
‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’ Full StoryNearly Legal, 5th January 2020Source:...
View ArticleContempt and pre-action conduct – Law Society’s Gazette
‘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...
View ArticleService gateways—no English jurisdiction due to failure to show ‘substantial...
‘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...
View ArticleCross-Border cases and the inherent jurisdiction – Doughty Street Chambers
‘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...
View ArticleJurisdiction and the Recognition and Enforcement of Judgments After Brexit –...
‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’ Full Story4 New Square, 27th January 2020Source: www.4newsquare.com
View ArticleDisposals of cryptoassets, tax & the UKJT Legal Statement – Society for...
‘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.’ Full StorySociety...
View ArticleRefunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your...
‘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...
View ArticleCryptocurrency is Property: AA v Persons Unknown – The 36 Group
‘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...
View ArticleThe Use (and Abuse) of Section 73 – Exchange Chambers
‘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...
View ArticleVulnerable 16-17 years olds: Children Act, Court of Protection or Inherent...
‘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...
View ArticleForced Marriage Protection Orders – the approach to take – UK Police Law Blog
‘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...
View ArticleWife in one of Britain’s largest-ever divorce cases succeeds in latest...
‘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...
View ArticleBig Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group
‘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.’ Full StoryThe 36 Group, 4th March...
View ArticleWhen will the insolvency court review, rescind or vary any order made by it?...
‘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)...
View ArticleNew Judgment: Aspen Underwriting Ltd & Ors v Credit Europe Bank NV; & anor...
‘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.’ Full StoryUKSC Blog, 1st...
View ArticleWhat’s in an appeal? – Nearly Legal
‘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.’ Full...
View ArticleUse of Artificial Intelligence by the Judiciary in the Face of COVID-19 –...
‘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...
View ArticleHolding and Management (Solitaire) Limited v Leslie Stafford Miller [2019]...
‘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.’ Full...
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