High Court judge refuses to block trip by vulnerable adult abroad but urges...
‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a...
View ArticleCrystal clear: “no dispute” defences unlikely to succeed at adjudication...
‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a...
View ArticleChildren law cases and parents with learning disabilities – Local Government...
‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning...
View ArticleBarrister given green light to pursue outstanding fees claim – Legal Futures
‘The High Court has rejected an Italian law firm’s bid to stay a barrister’s claim for outstanding fees because of an action it took against him in its home country.’ Full StoryLegal Futures, 16th May...
View ArticleAdjudicator reaches decision in “procedurally unjust manner” so not enforced...
‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In...
View ArticleRe S: A short lesson on jurisdiction in international children cases...
‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant...
View ArticleJurisdiction and choice of law clauses in international contracts – OUT-LAW.com
‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract. One such boilerplate clause relates to...
View ArticleR (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...
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