Patel v Mussa – WLR Daily
Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195 ‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court...
View ArticleThe Conservative Party’s Proposals for human rights – John Wadham – UK Human...
‘End the ability of the European Court of Human Rights to force the UK to change the law. Every judgement that UK law is incompatible with the Convention will be treated as advisory and we will...
View ArticleStress-testing Schedule 3: cross-border placements and the Court of Protection
‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to...
View ArticleCourt of Appeal comments on deprivation of liberty and being party to...
‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for...
View ArticleInsolvency–when can secondary proceedings in other member states be opened? –...
‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant...
View ArticleA key new case on jurisdiction where an accident happens abroad during a...
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most...
View ArticleSaga delayed: A report on the continuing West Tankers saga – No. 5 Chambers
‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1)...
View ArticleSurrogacy in the UK vs Surrogacy Abroad – entirely different, or one and the...
‘Nicola Scott, fertility lawyer at Porter Dodson LLP, considers those issues that often arise in UK surrogacy arrangements.’ Full story Family Law Week, 4th August 2015 Source: www.familylawweek.co.uk
View ArticleMerton London Borough Council v B (Central Authority of the Republic of...
Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365 ‘Notwithstanding that concerns might be expressed in many parts of...
View ArticleWhat the Ashley Madison case highlights about jurisdiction in data protection...
‘FOCUS: The Ashley Madison data breach case highlights the unsatisfactory lack of clarity that exists over which data protection laws apply to businesses that operate across the world.’ Full story...
View ArticleWhere do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers
‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider...
View ArticleDiver jailed for fraudulently selling three cannon found in UK waters – The...
‘A professional diver has been jailed for two years after he falsely claimed to have found three rare 17th-century cannon in international waters so he could sell them to the highest bidder rather than...
View ArticleCan access to justice in employment disputes be restored by a new single...
‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman...
View ArticleDonating embryos for medical research–a human rights minefield – Halsbury’s...
‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was...
View ArticleTech 21 UK Ltd v Logitech Europe SA – WLR Daily
Tech 21 UK Ltd v Logitech Europe SA: [2015] EWHC 2614 (Ch); [2015] WLR (D) 389 ‘It is not right to characterise a claim under regulation 2 of the Community Design Regulations 2005 (SI 2005/2339) as one...
View ArticleUN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’...
‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international...
View Article‘Vilified’ doctor cannot publish patient’s private information – Panopticon
‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s...
View ArticlePrivate Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away –...
‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other...
View ArticleSection 45 Arbitration Act 1996: a little known but useful tool – Hardwicke...
‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of...
View ArticleFinance & Divorce Update October 2015 – Family Law Week
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’ Full story...
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