Archive for the 'France' Category

Martin v Secretary of State for Work and Pensions – WLR Daily

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British newspaper websites liable in France for privacy invasion –

“Two British newspaper publishers have been fined in French courts because they violated French privacy laws. The publishers were liable because the articles were viewed in France on the internet.”

Full story, 29th May 2008


Britain and France join forces on immigration – The Independent

“Plans for a joint drive by Britain and France against illegal immigration could backfire by forcing ‘soft targets’ to return to dangerous countries, refugee groups have warned.”

Full story

The Independent, 25th March 2008


Judges back two British boys who refuse to live in France – The Times

“Two boys who hated living in France so much they asserted their Britishness and refused to return to live there with their mother have been granted their wish by senior judges.”

Full story

The Times, 8th November 2007


Leman-Klammers v Klammers – Times Law Report

Divorce pending appeal valid

Leman-Klammers v Klammers

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th October 2007


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

February 2023