Keith Bush and Huw Pritchard: Implications of the Independent Review of...
‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish...
View ArticleCourt of Appeal identifies lessons on out of hours applications after...
‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights...
View ArticleEnka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration...
View ArticleReconsideration or review? – Local Government Lawyer
‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’ Full StoryLocal Government Lawyer, 30th October 2020Source: www.localgovernmentlawyer.co.uk
View ArticleWho has jurisdiction and under what circumstances? – Falcon Chambers
‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and...
View ArticleDeprivation of liberty: Unlawful placements of children – Transparency Project
‘Can an English family court order the unlawful detention of a Welsh child?’ Full StoryTransparency Project, 22nd November 2020Source: www.transparencyproject.org.uk
View ArticleMirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law
‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s...
View ArticleThe cart before the horse when requesting an adjudicator: Land End...
‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended...
View ArticleHigh Court strikes out group action as an abuse of process: Municipo de...
‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao...
View ArticleThe law applicable to an arbitration agreement: Part 1 of our analysis of...
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long...
View ArticleDevelopments following Ground Developments… or not – Practical Law:...
‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments...
View ArticleHMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements...
‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts....
View ArticlePrinciple of finality in litigation – Law Society’s Gazette
‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the...
View ArticleNew Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 –...
‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an...
View ArticleCase Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and...
‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group...
View ArticleCapacity to consent to marriage, nullity and declarations under the inherent...
‘The High Court was presented with an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June...
View ArticleThe Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK...
‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined: “the apparently novel question whether...
View Article‘Not a mini-trial’: Supreme Court explains the correct approach in...
‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of...
View ArticleHigh Court: restructuring plans are ‘insolvency proceedings’– OUT-LAW.com
‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’ Full...
View ArticleCapitalisation of Child Maintenance: a very rare bird – Family Law Week
‘Jo Carr-West, partner with Hunters, considers the implications of Mr Justice Mostyn’s recent judgment in AZ v FM.’ Full StoryFamily Law Week, 16th March 2021Source: www.familylawweek.co.uk
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