Archive for the 'jurisdiction' Category

Revenue and Customs Commissioners v Cotter – WLR Daily

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

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

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2011] EWCA Civ 330; [2011] WLR (D) 113

“There was no good arguable case of copyright infringement under article 3 of Directive 96/9/EC such as to establish that the English court had jurisdiction for the purposes of article 27 of Council Regulation (EC) No 44/2001 where, even though the collection of data might involve some intellectual creation, what was alleged to have been copied was mere data on any reasonable view.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

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

ECJ asked to rule on crucial internet publishing jurisdiction issue – OUT-LAW.com

“The Court of Appeal has asked the European Court of Justice (ECJ) to decide whether online publishing takes place where information is hosted or where it is read.”

Full story

OUT-LAW.com, 30th March 2011

Source: www.out-law.com

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

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

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

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

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

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

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

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

Werynski v Mediatel 4B spólka z o o – WLR Daily

Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50

“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”

WLR Daily, 21st February 2011

Source: www.lawreports.co.uk

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

Regina v Windsor and others – WLR Daily

Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41

“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

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

Withdrawal from the European court of human rights is not a legal problem – The Guardian

“Bringing Rights Back Home is the latest policy document to address the tension between judges and politicians over public policy with human rights implications.”

Full story

The Guardian, 9th February 2011

Source: www.guardian.co.uk

Barclays Bank plc v Guy – WLR Daily

Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321

“Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

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

Salazar-Duarte v Government of the United States of America – WLR Daily

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

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

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

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

English court intervenes to stop Indian case going ahead – OUT-LAW.com

“An Indian solar panels manufacturer cannot continue legal action in India because to do so would undermine an earlier English court ruling, the High Court in London has ruled.”

Full story

OUT-LAW.com, 10th November 2010

Source: www.out-law.com

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 2010

Source: www.lawreports.co.uk

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

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

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

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

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

Gard Marine and Energy Ltd v Tunnicliffe and others – WLR daily

Gard Marine and Energy Ltd v Tunnicliffe and others [2010] EWCA Civ 1052; [2010] WLR (D) 242

 “Where, by reference to the Lugano Convention and art 6(1) of the Judgments Regulation, one was considering whether it was expedient to hear and determine claims within the jurisdiction order to avoid the risk of irreconcilable judgments resulting from separate proceedings, regard was to be had, inter alia, to the question whether the claims arose out of the same situation in law and fact.”

WLR Daily, 7th October 2010

Source: www.lawreports.co.uk

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

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others – WLR Daily

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864; [2010] WLR (D) 199

“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”

WLR Daily, 26th July 2010

Source: www.lawreports.co.uk

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

New rules on universal jurisdiction – Ministry of Justice

“The Government is proposing new rules about how courts in England and Wales deal with people accused of serious human rights violations.”

Full story

Ministry of Justice, 22nd July 2010

Source: www.justice.gov.uk

Regina v Ward (Barry) – WLR Daily

Regina v Ward (Barry) [2010] WLR (D) 191

“The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order.”

WLR Daily, 16th July 2010

Source: www.lawreports.co.uk

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

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 2010

Source: www.lawreports.co.uk

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

Ministers move to change universal jurisdiction law – The Guardian

“The government is moving swiftly to change the law on universal jurisdiction to abolish the ability to bring private prosecutions for international crimes in the UK.”

Full story

The Guardian, 30th May 2010

Source: www.guardian.co.uk

Regina v T (N) – WLR Daily

Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93

 “The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that time, informing the court that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned before being determined.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

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

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77

“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

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

Jayasinghe v Liyanage – WLR Daily

Jayasinghe v Liyanage [2010] EWHC 265 (Ch); [2010] WLR (D) 44

“The adjudicator to the Land Registry had jurisdiction to conduct a trial of the question of beneficial entitlement to property where an objection to an application was made to the registrar and the matter referred to the adjudicator under s 73(7) of the Land Registration Act 2002.”

WLR Daily, 18th February 2010

Source: www.lawreports.co.uk

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

NML Capital Ltd v Republic of Argentina – WLR Daily

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

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

Byers and others v Yacht Bull Corpn and another – WLR Daily

Byers and others v Yacht Bull Corpn and another [2010] EWHC 133 (Ch); [2010] WLR (D) 18

“A claim to beneficial ownership of a yacht did not fall within the exception contained in art 1(2)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters so that the Regulation did not apply to ‘proceedings relating to the winding up of insolvent companies’.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

R v Sheppard; R v Whittle – WLR Daily

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st February 2010

Source: www.lawreports.co.uk

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

British government will fight legal attempts to indict Israeli leaders in UK – The Guardian

“Baroness Scotland announces plans to alter laws after attempts to obtain warrants against Israeli generals for war crimes.”

Full story

The Guardian, 5th January 2010

Source: www.guardian.co.uk

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

Source: www.lawreports.co.uk

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

Regina v IB – WLR Daily

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 2009

Source: www.lawreports.co.uk

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

R (A) v Director of Establishments of the Security Service – WLR Daily

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th December 2009

Source; www.lawreports.co.uk

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

Oxfam v Revenue and Customs Commissioners – WLR Daily

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st December 2009

Source: www.lawreports.co.uk

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

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 2009

Source: www.lawreports.co.uk

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

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th July 2009

Source: www.lawreports.co.uk

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

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

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

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Oligarch challenges court ruling – The Independent

“Russian oligarch Oleg Deripaska today challenged a court ruling that a £2 billion-plus lawsuit launched against him by a former friend should be tried in England rather than Russia.”

Full story

The Independent, 20th July 2009

Source: www.independent.co.uk

Syska and another v Vivendi Universal SA and others – WLR daily

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th July 2009

Source: www.lawreports.co.uk

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

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

In re Stanford International Bank Ltd and others – WLR Daily

“The ‘centre of main interests’ for the purposes of the Cross-Border Insolvency Regulations 2006 must be identified by reference to factors which were both objective and ascertainable by third parties. What was ascertainable by a third party was what was in the public domain and what a typical third party would learn as a result of dealing with the company.”

WLR Daily, 6th July 2009

Source: www.lawreports.co.uk  

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

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

Source: www.lawreports.co.uk

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

Does the jury system still work? – The Times

“Jurors often hear cases that involve harrowing or increasingly complex evidence, yet they are prevented by law from asking for help or raising concerns. Is it time for change?”

Full story

The Times, 30th June 2009

Source: www.timesonline.co.uk

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another – WLR Daily

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another [2009] EWCA Civ 632; [2009] WLR (D) 211

“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

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

Commercial interpretation identifies prevailing jurisdiction clause, rules Court of Appeal – OUT-LAW.com

“One jurisdiction clause in one of hundreds of pages of documents cannot govern the whole agreement because no company acting in a normal commercial way would think that it would, the Court of Appeal has said.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

Regina v Hughes (James) – WLR Daily

Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160

“The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General’s reference, but his right of appeal still remained extant and unexercised under the section.”

WLR Daily, 20th May 2009

Source: www.lawreports.co.uk

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

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – Times Law Reports

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece

Queen’s Bench Divisional Court

“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”

The Times, 13th May 2009

Source: www.timesonline.co.uk

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – WLR Daily

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146

The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”

WLR Daily, 6th May 2009

Source: www.lawreports.co.uk

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

Apostolides v Orams and Another – Times Law Reports

Apostolides v Orams and Another

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

Source: www.timesonline.co.uk

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Hatzl and Another v XL Insurance Co Ltd

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

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

Proceedings brought by A (Case C-523/07) – WLR Daily

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

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


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