De Haber v The Queen of Portugal: 1851

Orse In the Matter of Wadsworth and R of Spain In the Matter of De Haber and R of Portugal
Property in England, belonging to a foreign sovereign prince in his public capacity, cannot be seized under process in a suit instituted against him in this country on a cause of action arising here, And, therefore, where a suit had been brought in the lord mayor’s court against the Queen of Spain upon bonds of the Spanish Government bearing interest payable in London, and moneys, belonging to her as the Sovereign of that country, had been attached in the hands of garnishees in London to compel her appearance, the Court of Queen’s Bench granted a prohibition.
Although the action was not, in form, brought against the Queen as Sovereign it appearing sufficiently by the proceedings that she was charged with liability in that character. The same law prevails, a fortiori, where the action is avowedly grounded on acts done by the defendant in the character of Sovereign. The garnishee, in such a case, is a proper party to move for the prohibition. And it is no objection, that he has put in a plea (nil habet) to the attachment, Nor is the motion premature, if made after the pleading of such plea and before trial of the issue, though no other excess of jurisdiction is imputed to the lord mayor’s court than its having entertained the suit. The motion may also be made by the sovereign prince who is defendant in the mayor’s court, though such defendant has not appeared, and the gar11isheo has not pleaded. The prohibition may go at the instance of a mere stranger.

Lord Campbell
(1851) 17 QB 171, [1851] EngR 22
England and Wales
Citing:
CitedThe Parlement Belge CA 1879
An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign . .

Cited by:
CitedBaccus SRL v Servicio Nacional Del Trigo CA 1956
The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s . .
CitedAziz v Republic of Yemen CA 17-Jun-2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity.
Held: Section 2(7) of . .

Lists of cited by and citing cases may be incomplete.

International

Updated: 27 January 2022; Ref: scu.227918

GPF Gp Sarl v The Republic of Poland: ComC 2 Mar 2018

Brian J
[2018] EWHC 409 (Comm), [2018] WLR(D) 137
Bailii, WLRD
England and Wales
Cited by:
Princial judgmentGPF GP SARl v The Republic of Poland (601) ComC 2-Mar-2018
Request for leave to appeal from successful arbitral jurisdiction challenge . .

Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 27 January 2022; Ref: scu.606423

Ipatau v Council: ECFI 23 Nov 2016

ECJ (Judgment) Common Foreign and Security Policy – Restrictive measures against Belarus – Freezing of funds and economic resources – Entrance Restrictions and transit through the territory of the Union – the applicant’s name on Hold the list of persons concerned – Rights of the defense – Obligation to state reasons – Error of assessment – Proportionality

ECLI:EU:T:2016:672, [2016] EUECJ T-694/13
Bailii
European

International

Updated: 26 January 2022; Ref: scu.571876

Numbi v Council (External Relations – Judgment): ECFI 12 Feb 2020

Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Exception of illegality

T-168/18, [2020] EUECJ T-168/18
Bailii
European

International

Updated: 26 January 2022; Ref: scu.654807

National Iranian Tanker Company v Council: ECFI 14 Sep 2016

Judgment – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Res judicata – Right to an effective remedy – Error of assessment – Rights of the defence – Right to property – Proportionality

T-207/15, [2016] EUECJ T-207/15
Bailii
European

Banking, International

Updated: 23 January 2022; Ref: scu.569372

Iranian Offshore Engineering and Construction v Council: ECJ 8 Sep 2016

ECJ Judgment – Appeal – Restrictive measures against the Islamic Republic of Iran – List of persons and entities to which the freezing of funds and economic resources – logistics support to the Iranian government – inclusion of the name of the applicant’

C-459/15, [2016] EUECJ C-459/15, ECLI:EU:C:2016:646
Bailii
European

International

Updated: 22 January 2022; Ref: scu.569046

Horeau and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 12 Aug 2016

Renewed application for permission to bring judicial review of a consultation exercise carried out by the Foreign and Commonwealth Office as part of its British Indian Ocean Territory (BIOT) policy review.

Andrews J
[2016] EWHC 2102 (Admin)
Bailii

International, Administrative

Updated: 22 January 2022; Ref: scu.568836

Baccus SRL v Servicio Nacional Del Trigo: CA 1956

The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s costs. These steps were taken on the instructions of the head of the organisation, Mr Cavero, who was a senior civil servant, without his Minister of Agriculture knowing of them. Eighteen months after the writ was served, steps were taken to stay proceedings on the ground that the organisation was a department of the Spanish Ministry of Agriculture.
Held: (majority) The defendants were a department of the State of Spain and entitled to claim immunity. There could be no submission to the jurisdiction unless it were made by a person with knowledge of the right to be waived and with the authority of the foreign sovereign. Jenkins LJ: ‘Applying those authorities to the present case it seems to me that the evidence here, and in particular the evidence of the ambassador, makes it reasonably plain that Mr Cavero knew nothing about sovereign immunity, or at all events, had no idea that by entering an appearance the defendants would be giving up any advantage or; in particular, any right to claim immunity which they might otherwise have. Furthermore, Mr Cavero’s superiors knew nothing about the matter at all until after the acts relied on as submissions to the jurisdiction had taken place. It seems to me, therefore, that what was done here was done by Mr Cavero without the knowledge of any of his superiors, in ignorance of his rights and without actual authority inasmuch as I think the evidence shows that the authority of the Minister of Agriculture would in fact have been necessary to enable Mr Cavero to submit to the jurisdiction.’
Parker LJ: ‘Like Jenkins LJ, I confess that at first impression it seemed to me remarkable if the true view was that the State of Spain had not submitted to the jurisdiction. Not only was there an unconditional appearance entered on the instructions of the head of this body, Senor Cavero, himself a senior civil servant, but again on his instructions security for costs was asked for and obtained; and it was not until the writ had been served for some 18 months that any steps were taken to stay the proceedings. I am satisfied, however, as the result of Mr Kerr’s argument and the cases to which he has referred, that there can be no submission in such a case as this unless it is made by a person with knowledge of the right to be waived, with knowledge of the effect of our law of procedure, and with the authority of the foreign sovereign. As Mr Kerr pointed out, proceedings against a foreign sovereign are wholly void.’ and ‘In those circumstances it does seem to me that it requires some solemn act of the foreign sovereign to bring to life something which is otherwise completely dead; and, without referring to the cases, I think that The Jassy and the case before Astbury J., In re Republic of Bolivia Exploration Syndicate Ltd., support that view. So far as this case is concerned, it is true that we have not had the benefit of an affidavit from Senor Cavero, but for my part I cannot impute to him knowledge of the effect of entering an unconditional appearance. Quite apart from that, it seems to me that the evidence is clear that although he is the person, the intermediary, to pass on instructions to English solicitors to deal with a case in England, he is bound to consult the appropriate minister as to whether sovereign immunity should be waived or not. It is true this does open up the rather alarming prospect that a foreign sovereign may allow proceedings to continue for years in this country before taking the point; but for my part I think that that is a theoretical difficulty. I do not think any person, even though he be a foreign sovereign, would be likely to be believed if in such an extreme case he were to come forward and assert that he had had no knowledge whatever of the proceedings. So far, however, as this case is concerned, I am satisfied that the point has been properly taken and that there has been no waiver.’
Singleton LJ dissented. The state had created the organisation as a legal entity to trade with citizens and corporate bodies in other countries and that Mr Carvero was acting in the ordinary course of business left to him. That being so, he had, on behalf of the state, waived the state’s right to claim immunity.

Jenkins LJ, Parker LJ, Singleton LJ (dissenting)
[1958] 1 QB 438, [1956] 3 All ER 715, [1956] 3 WLR 948
England and Wales
Citing:
CitedThe Jassy 1906
The plaintiff took process by way of arrest in a damages action in rem against a vessel which was the property of a foreign state.
Held: The action was dismissed. No waiver of the state’s privilege could be assumed even though agents of the . .
CitedThe Parlement Belge CA 1879
An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign . .
CitedDe Haber v The Queen of Portugal 1851
Orse In the Matter of Wadsworth and R of Spain In the Matter of De Haber and R of Portugal
Property in England, belonging to a foreign sovereign prince in his public capacity, cannot be seized under process in a suit instituted against him in . .

Cited by:
CitedAziz v Republic of Yemen CA 17-Jun-2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity.
Held: Section 2(7) of . .
CitedRegina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others QBD 17-Mar-1994
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for . .
CitedReyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .

Lists of cited by and citing cases may be incomplete.

International, Contract

Updated: 22 January 2022; Ref: scu.227915

El Gizouli, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 18 Jan 2019

The claimant challenged the giving of Mutual Legal Assistance to the US in a case where after trial for very serious terrorist allegations, the death penalty might be imposed after conviction, without first insisting that an undertaking be given that the penalty would not be sought.

[2019] EWHC 60 (Admin)
Bailii
England and Wales

Criminal Practice, International, Human Rights

Updated: 22 January 2022; Ref: scu.633147

The Freedom and Justice Party and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 5 Aug 2016

The court was asked whether members of special missions visiting the United Kingdom with the approval of the First Defendant (‘the FCO’) enjoy personal inviolability and/or immunity from criminal process pursuant to a rule of customary international law to which effect is given by the common law.

Lloyd Jones LJ, Jay J
[2016] EWHC 2010 (Admin)
Bailii

Crime, International

Updated: 21 January 2022; Ref: scu.568008

Owens Bank Ltd v Bracco and Another (No2): HL 17 Jun 1992

The bank had obtained judgment in St Vincent to recover a loan. It now sought to register the judgment here for enforcement. The defendant wanted to argue that the judgment had been obtained by fraud, and to resist registration of the judgment. The bank said that to raise the objection, the defendant had first to bring new evidence.
Held: Section 9(2)(d) ws intended to reflect the common law position. There was no requirement that the evidence be fresh. ‘Fraud unravels everything’; A judgment obtained by fraud was set aside despite the existence of evidence pre-existing the fraud to support the claim.

Lord Bridge of Harwich
Gazette 17-Jun-1992, [1992] 2 WLR 621, [1992] 2 AC 443
Administration of Justice Act 1920 9(2)(d)
England and Wales
Cited by:
CitedRubin and Another v Eurofinance Sa and Others SC 24-Oct-2012
The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in . .
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 21 January 2022; Ref: scu.84499

Re Paramount Airways Ltd (In Administration): CA 8 Apr 1992

It was said that there had been a transction at an undervalue within section 238. It was given effect by a transfer to a bank in Jersey, from which recovery was no sought. The bank claimed that the section did not have extra-territorial effect.
Held: The argument failed; the section did not purport to have any territorial limitation. There is no strict limitation on recovery proceedings against foreign residents. The provisions of the Insolvency Act 1986 for setting aside transactions at an undervalue had, as a matter of construction, world-wide application but the court had a discretion to refuse to make an order in a case not sufficiently connected with England: ‘In my view the solution to the question of statutory interpretation raised by this appeal does not lie in retreating to a rigid and indefensible line. Trade takes place increasingly on an international basis. So does fraud. Money is transferred quickly and easily. To meet these changing conditions English courts are more prepared than formerly to grant injunctions in suitable cases against non-residents or foreign nationals in respect of overseas activities. As I see it, the considerations set out above and taken as a whole lead irresistibly to the conclusion that, when considering the expression ‘any person’ in the sections, it is impossible to identify any particular limitation which can be said, with any degree of confidence, to represent the presumed intention of Parliament. What can be seen is that Parliament cannot have intended an implied limitation along the lines of Ex parte Blain, 12 Ch.D. 522. The expression therefore must be left to bear its literal, and natural, meaning: any person.’

Sir Donald Nicholls V-C
Gazette 08-Apr-1992, [1993] Ch 223
Insolvency Act 1986 238(2)
England and Wales
Cited by:
CitedSerco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
See AlsoIn Re Paramount Airways Ltd (In Administration) ChD 14-Sep-1993
Administrators may adopt employment contracts without attracting personal liability. . .
CitedHaines v Hill and Another CA 5-Dec-2007
On the divorce, the husband was ordered to transfer his share in the house to the wife. On his bankruptcy shortly after, the order was confirmed. After the wife sold the property at a profit, the trustee in bankruptcy applied to set the transfer . .
CitedMcGrath and others v Riddell and others HL 9-Apr-2008
(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
CitedBilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Insolvency, International

Updated: 19 January 2022; Ref: scu.85851

Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016

The claimant ha been involved in the management of a company operating a ferry in Egypt. The claimant had been acquitted in Egypt of criminal liability, but then convicted in his absence on appeal, after submissions made on his behalf were discounted because of his absence. After sentence to imprisonment, the Egyptian court requested the SSHD to serve its notice of conviction on him in the UK, which the SSHD acceded to. The claimant sought to challenge that decision saying that the SSHD had a discretion whether or not to serve the notice, and having felt obliged to serve it, had not exercised that discretion properly. The Court was now asked as to the existence and extent of any such discretion under the 2003 Act, and if necessary were the claimant’s article 6 human rights engaged.
Held: The SS’s appeal succeeded. Generally, though not always, the service alone of a judgment would not engage article 8.
The decision of the Secretary of State to serve the judgment on Mr Ismail did not expose him to a risk of violation of his Convention rights. Service of the judgment would have placed Mr Ismail in a dilemma – whether to return to Egypt to appeal the judgment, or suffer the consequences of the judgment becoming final – but having to face that dilemma did not amount to a possible violation of his article 6 rights. Service of the Egyptian judgment did not have a direct consequence of exposing Mr Ismail to ‘proscribed ill treatment’. It reduced his options but did not carry the inevitable outcome of exposure to a violation of his rights. He could avoid that exposure by remaining in the UK.

Lady Hale, Deputy President, Lord Kerr, Lord Sumption, Lord Hughes, Lord Toulson
[2016] UKSC 37, [2016] WLR(D) 363, [2016] 1 WLR 2814, UKSC 2013/0160
Bailii, Bailii Summary, WLRD, SC, SC Summary
Crime (International Co-operation) Act 2003 1, Human Rights Act 1998, European Convention on Human Rights 6
England and Wales
Citing:
At AdmnIsmail v Secretary of State for Home Department Admn 26-Mar-2013
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance . .
CitedOmar Othman (Abu Qatada) v The United Kingdom ECHR 17-Jan-2012
The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that . .
CitedSoering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
CitedAl-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
CitedDrozd and Janousek v France and Spain ECHR 26-Jun-1992
The applicants complained of the unfairness of their trial in Andorra (which the Court held it had no jurisdiction to investigate) and of their detention in France, which was not found to violate article 5.
Held: Member states are obliged to . .

Lists of cited by and citing cases may be incomplete.

International, Criminal Practice, Human Rights

Updated: 18 January 2022; Ref: scu.566484

Committeri v Club Mediterranee Sa Generali Assurances Iard Sa: QBD 30 Jun 2016

Hearing of liability only in relation to a claim against Club Mediterranee SA (‘Club Med’) and Generali Assurances Iard SA (‘Generali’) which arises out of an accident which occurred when C was climbing an ice wall on the Mer de Glace, Chamonix, France slipped and fell causing injuries to his foot and ankle. The success of this claim depends on whether French law applies under which it is common ground that Mr Committeri will obtain judgment for damages to be assessed, or English law applies under which it is common ground that C’s claim will fail.

Dingemans J
[2016] EWHC 1510 (QB)
Bailii

Personal Injury, International

Updated: 18 January 2022; Ref: scu.566257

Amisi Kumba v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Exception of illegality

T-163/18, [2020] EUECJ T-163/18
Bailii
European

International

Updated: 18 January 2022; Ref: scu.654751

Mutondo v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Exception of illegality

T-174/18, [2020] EUECJ T-174/18
Bailii
European

International

Updated: 18 January 2022; Ref: scu.654805

Kampete v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76 (d) of the Rules of Procedure – Objection of illegality

T-164/18, [2020] EUECJ T-164/18
Bailii
European

International

Updated: 18 January 2022; Ref: scu.654789

Kanyama v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Exception of ‘illegality’

T-167/18, [2020] EUECJ T-167/18
Bailii
European

International

Updated: 18 January 2022; Ref: scu.654791

re A (A Child): CA 23 Jun 2016

These two linked appeals concern A, who is a boy of nearly 4 years old. The appellant is A’s father and the respondent is his mother. The appeals are against (1) a collection order made in relation to A by Mr Justice Macdonald on 9 October 2015 at a hearing without notice to the father and (2) an order made by Mr Justice Mostyn on 16 October 2015 requiring the return of A to Sweden the following day ‘unless . . a court in Sweden makes an order that the child can remain in the . . .father’s care until the conclusion of the case’. The collection order was executed on 13 October 2015 and A was put into the care of the local authority, which is where he was at the time of Mostyn J’s order on 16 October 2015, and at the time of the appeal hearing before us. The return order was stayed pending the appeal.

Munby J P FD, Black LJ, Sir Stephen Richards
[2016] EWCA Civ 572
Bailii
England and Wales

Children, International

Updated: 18 January 2022; Ref: scu.565950

In re D (A Child): SC 22 Jun 2016

F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity to take part in the proceedings in Romania. F’s appeal to the Court of appeal having been rejected, he now sought to appeal to the Supreme Court who heard as a preliminary issue M’s argument that it did not have jurisdition to hear such an appeal.
Held: The Court did not have jurisdiction to hear te Appeal. Its general jurisdiction under section 40 of the 2005 Act was subject to any other provision. In this case Regulation 2201/2003 provided that there could be only one appeal at law, and that appeal had been to the Court of Appeal. The leave to appeal was struck out.
The position under BIIR is clear. There is a largely formal first stage when a judgment is declared enforceable; there is to be a first ‘appeal’ when the enforceability decision can be contested; and the decision on that appeal can only be contested by the notified proceedings. The UK’s notification expressly limits the ‘proceedings’ to ‘a single further appeal on a point of law’ which must be made, in England and Wales, to the Court of Appeal.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Hughes
[2016] UKSC 34, [2016] 3 WLR 145, [2016] Fam Law 967, [2016] 3 FCR 1, [2016] 2 FLR 379, [2016] AC 1117, [2016] WLR(D) 340, [2016] 4 All ER 95, UKSC 2016/0048
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary
Council Regulation (EC) No 2201/2003, Council Regulation (EC) No 2201/2003, Constitutional Reform Act 2005 30 40, Brussels II Regulation
England and Wales
Citing:
At first instanceMD v AA and Another FD 31-Jul-2014
M appealed against English orders recognising and registering a decision of the Bucharest Court of Appeal ordered that the custody of D who had lived with his mother in England since the age of eight weeks, should be transferred to his father in . .
Appeal fromD (A Child) (International Recognition) CA 27-Jan-2016
M and F disputed the return of their child D to Romania. F had obtained there an order for custody, and now appealed from refusal of the court here to recognise that order and enforce it. The judge had found that the proceedings in Romania had . .
CitedRe S (A Child) (Foreign Contact Order) CA 16-Jun-2009
The registration of an order under BIIR is ‘essentially administrative, although it requires a judicial act’ . .

Lists of cited by and citing cases may be incomplete.

Children, International, Constitutional

Updated: 18 January 2022; Ref: scu.565829

HX v Council: ECFI 2 Jun 2016

(Judgment (Extracts)) ACTION brought on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision 2014/488/CFSP of 22 July 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2014 L 217, p. 49), of Council Implementing Regulation (EU) No 793/2014 of 22 July 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2014 L 217, p. 10), and of Council Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 132, p. 82), in so far as the applicant’s name was included on the lists of persons and entities covered by those restrictive measure

T-723/14, [2016] EUECJ T-723/14
Bailii
European

International

Updated: 17 January 2022; Ref: scu.564967

As Latvijas Krajbanka v Antonov: ComC 27 May 2016

The bank claimed undr Latvian Law. The defendant though aware of proceedings had failed to comply with court for dicovery, and had not attended the trial. He had been found to have exaggerated the value of a yacht given in security for a loan.
Held: The application had been dishonest and in reckless disregard of the fact that the transaction was not in the interests of the Bank. Similar findings applied to seven other very substantial advances totalling over US$30 million.

Leggatt J
[2016] EWHC 1262 (Comm), 2014 FOLIO 861 and 761
Bailii, Judiciary

Banking, International

Updated: 17 January 2022; Ref: scu.564921

Shadary v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Exception of illegality

T-173/18, [2020] EUECJ T-173/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654813

Mende Omalanga v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Exception of ‘illegality – Adaptation of the conclusions’

T-176/18, [2020] EUECJ T-176/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654804

Ruhorimbere v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Exception of ‘illegality’

T-175/18, [2020] EUECJ T-175/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654818

Kazembe Musonda v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76 (d) of the Rules of Procedure – Objection of illegality

T-177/18, [2020] EUECJ T-177/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654792

Kibelisa Ngambasai v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76 (d) of the Rules of Procedure – Objection of illegality

T-169/18, [2020] EUECJ T-169/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654793

Kande Mupompa v Council: ECFI 12 Feb 2020

(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Exception of ‘illegality – Adaptation of the conclusions’

T-170/18, [2020] EUECJ T-170/18
Bailii
European

International

Updated: 17 January 2022; Ref: scu.654790

Central Bank of Iran v Council: ECJ 7 Apr 2016

ECJ (Judgment) Appeal – Restrictive measures taken against the Islamic Republic of Iran – List of persons and entities subject to the freezing of funds and economic resources – Criterion relating to the provision of material, logistical or financial support to the Government of Iran – Financial services of a central bank

C-266/15, [2016] EUECJ C-266/15
Bailii
European

International

Updated: 13 January 2022; Ref: scu.561976

Akhras v Council: ECJ 7 Apr 2016

ECJ (Judgment) Appeal – Common foreign and security policy (CFSP) – Restrictive measures against the Syrian Arab Republic – Measures directed against persons and entities benefiting from or supporting the regime – Proof that inclusion on the lists is well founded – Set of indicia – Distortion of the sense of the evidence

C-193/15, [2016] EUECJ C-193/15
Bailii
European

International

Updated: 13 January 2022; Ref: scu.561971

Maduro Board of The Central Bank of Venezuela v Guaido Board of The Central Bank of Venezuela: SC 20 Dec 2021

Mr Maduro was re-elected President of Venezuela in May 2018. Mr Guaido was the President of the National Assembly of Venezuela. Mr Guaido claimed that the May 2018 election was flawed and that he was Interim President of Venezuela.
Both parties appointed different Boards to the Central Bank of Venezuela. These Boards issued conflicting instructions concerning nearly US$1 billon of Venezuela’s international reserves, held in the Bank of England’s vaults, and a similar sum held by Deutsche Bank.
The High Court ordered a trial to determine whether the Guaido Board or the Maduro Board had control over the disputed sums. The High Court found for the Guaido Board. The Maduro Board successfully appealed to the Court of Appeal. The Guaido Board now appealed to the Supreme Court.
Held: The appeal succeeded.
The recognition of foreign states, governments and heads of states is a matter for the executive. Courts in this jurisdiction thus accept statements made by the executive as conclusive as to whether an individual is to be regarded as a head
of state.
The distinction between the recognition of a government de jure and de facto is now unlikely to have any useful role to play before courts in this jurisdiction. Courts in this jurisdiction are bound to accept HMG’s statements which establish that Mr Guaido is recognised by HMG as the constitutional interim President of Venezuela and that Mr Maduro is not recognised by HMG as President of Venezuela for any purpose.

: Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Hamblen,
Lord Leggatt
[2021] UKSC 57
Bailii, Bailii Summary, Bailii Issues and Facts
England and Wales

Constitutional, International

Updated: 13 January 2022; Ref: scu.671051

National Iranian Oil Company v Council (Judgment): ECJ 1 Mar 2016

ECJ Appeal – Restrictive measures against the Islamic Republic of Iran – List of persons and entities subject to the freezing of funds and economic resources – Implementing Regulation (EU) No 945/2012 – Legal basis – Criterion relating to the material, logistical or financial support for the Government of Iran

ECLI:EU:C:2016:128, [2016] EUECJ C-440/14
Bailii
European

International, Banking

Updated: 10 January 2022; Ref: scu.560501

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb: SC 9 Oct 2020

After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an arbitration agreement in the contract under which it had performed the works, and seeking an order that Chubb Russia discontinue the Russian Proceedings (‘an anti-suit injunction’).
Enka’s claim was dismissed by the High Court at first instance at an expedited trial. The Court of Appeal subsequently allowed Enka’s appeal, granting an anti-suit injunction and restraining Chubb Russia from appealing the decision of the Russian court. Chubb Russia seeks to appeal.

Bailii Press Summary, Bailii, Bailii Summary
England and Wales
Citing:
At ComCEnka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others ComC 20-Dec-2019
Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused . .
Appeal fromEnka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others CA 29-Apr-2020
Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as . .

Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice, International

Updated: 10 January 2022; Ref: scu.654664

Enka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others: CA 29 Apr 2020

Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as the seat of the arbitration in exercising such jurisdiction and in determining the proper law of the arbitration agreement.

Lord Justice Popplewell
[2020] EWCA Civ 574, [2020] WLR(D) 256
Bailii, WLRD
England and Wales
Citing:
Appeal fromEnka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others ComC 20-Dec-2019
Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused . .

Cited by:
Appeal fromEnka Insaat Ve Sanayi AS v OOO Insurance Company Chubb SC 9-Oct-2020
After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an . .

Lists of cited by and citing cases may be incomplete.

Arbitration, International

Updated: 10 January 2022; Ref: scu.650491

Enka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others: ComC 20 Dec 2019

Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused

Andrew Baker J
[2019] EWHC 3568 (Comm), [2020] WLR(D) 21, [2020] Bus LR 463, [2020] 1 Lloyd’s Rep 71
Bailii, WLRD
England and Wales
Cited by:
Appeal fromEnka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others CA 29-Apr-2020
Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as . .
At ComCEnka Insaat Ve Sanayi AS v OOO Insurance Company Chubb SC 9-Oct-2020
After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an . .

Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 10 January 2022; Ref: scu.646098

Council v Bank Mellat: ECJ 18 Feb 2016

ECJ Judgment – Appeal – Common foreign and security policy – Combating nuclear proliferation – Restrictive measures taken against the Islamic Republic of Iran – Freezing of funds of an Iranian bank – Obligation to state reasons – Procedure for the adoption of the act – Manifest error of assessment)

C-176/13, [2016] EUECJ C-176/13
Bailii
European

International, Banking

Updated: 10 January 2022; Ref: scu.560209

Ogelegbanwei and 52 Others v President of The Federal Republic of Republic of Nigeria and Others: QBD 18 Jan 2016

Application by the claimants for registration of a judgment given in their favour on the 5th December 2013 by the Asaba Judicial Division of the Federal High Court of Nigeria.

Holdroyde J
[2016] EWHC 8 (QB)
Bailii
England and Wales

International, Litigation Practice

Updated: 09 January 2022; Ref: scu.558929

Ecobank Transnational Incorporated v Tanoh: CA 17 Dec 2015

The court was asked whether Knowles J was wrong to refuse to grant Ecobank Transnational Incorporated (‘Ecobank’), an injunction restraining Mr Thierry Tanoh (‘Mr Tanoh’) from enforcing two judgments which he had obtained in Togo and Cote d’Ivoire.

Sir Terence Etherton Ch, Christopher Clarke, Patten LJJ
[2015] EWCA Civ 1309, [2015] WLR(D) 534
Bailii, WLRD
England and Wales

International, Litigation Practice

Updated: 08 January 2022; Ref: scu.557081

Sarafraz v Council: ECFI 4 Dec 2015

ECJ (Judgment) Foreign and Security Policy – Restrictive measures against certain persons and entities in view of the situation in Iran – Gels fund – Entry Restrictions and transit through the territory of the Union – Base Legal – Obligation to state reasons – Right to be heard – Error of assessment – Ne bis in idem – Freedom of expression – Freedom of the Media – Professional freedom – Free movement – Right to property

T-273/13, [2015] EUECJ T-273/13
Bailii
European

International

Updated: 08 January 2022; Ref: scu.556762

Ministry of Defence v Iraqi Civilians: CA 9 Dec 2015

‘This appeal raises a short but elusive point concerning the manner in which the English Court applies a foreign law relating to limitation when required to do so by section 1 of the Foreign Limitation Periods Act 1984’

Lord Dyson MR, Tomplinson, Vos LJJ
[2015] EWCA Civ 1241, [2015] WLR(D) 515, [2016] 1 WLR 1290, [2016] 2 All ER 300
Bailii, WLRD
Foreign Limitation Periods Act 1984
England and Wales
Citing:
Appeal from QBDIraqi Civilian Litigation v Ministry of Defence QBD 26-Jan-2015
The court considered limitation issues as an interim issue in this claim and particularly as it was affected by Iraqi law.
Held: The effective period of CPA 17 ended on 31 December 2008. No claim had been brought relating to any alleged act or . .

Cited by:
Appeal from CAMinistry of Defence v Iraqi Civilians SC 12-May-2016
Iraqi citizens claimed to have suffered unlawful detention and/or physical maltreatment from British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence, but the torts were governed . .

Lists of cited by and citing cases may be incomplete.

International, Limitation

Updated: 08 January 2022; Ref: scu.556790

Emadi v Council: ECFI 4 Dec 2015

(Judgment) Foreign and Security Policy – Restrictive measures against certain persons and entities in view of the situation in Iran – Gels fund – Entry Restrictions and transit through the territory of the Union – Base Legal – Obligation to state reasons – Right to be heard – Error of assessment – Ne bis in idem – Freedom of expression – Freedom of the Media – Professional freedom – Free movement – Right to property

T-274/13, [2015] EUECJ T-274/13
Bailii
European

International

Updated: 08 January 2022; Ref: scu.556758

Brookfield Aviation International Ltd v The Guildford Crown Court and Others: Admn 4 Dec 2015

Renewed application for judicial review whereby the claimant seeks permission to challenge the issue and execution of a search warrant for its premises. The warrant was requested by a German prosecutor under mutual legal assistance pursuant to section 16 of the 2003 Act.

Beatson LJ, Cranston J
[2015] EWHC 3465 (Admin)
Bailii
Crime (International Co-operation) Act 2003 16
England and Wales

Criminal Practice, International

Updated: 07 January 2022; Ref: scu.556465

In re J (A Child): SC 25 Nov 2015

The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order under the inherent jurisdiction of the court for the return of J to Morocco.
Held: The appeal succeeded, and the court set aside the decision of the Court of Appeal to dismiss F’s application. ‘measures of protection’ in Article 3 goes far wider than the public law measures of child care and protection to which an English lawyer might otherwise think that they referred (although those are also included). The exclusions from the Convention in article 4 include ‘(a) the establishment or contesting of a parent-child relationship; (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; (c) the names and forenames of the child;’. The focus of the Convention is on the care and upbringing of the child (or the protection of his property).
Lady Hale said: ‘While I would not, therefore, go so far as to say that such a case is invariably one of ‘urgency’, I find it difficult to envisage a case in which the court should not consider it to be so, and then go on to consider whether it is appropriate to exercise the article 11 jurisdiction. It would obviously not be appropriate where the home country was already seized of the case and in a position to make effective orders to protect the child. However, as Lord Wilson pointed out in the course of argument, the courts of the country where the child is are often better placed to make orders about the child’s return. Those courts can take steps to locate the child, as proved necessary in this case, and are likely to be better placed to discover the child’s current circumstances. Those courts can exert their coercive powers directly upon the parent who is here and indeed if necessary upon the child. The machinery of going back to the home country to get orders and then enforcing them in the presence country may be cumbersome and slow. Getting information from the home country may also be difficult. The child’s interests may indeed be compromised if the country where the child is present is not able to take effective action in support of the child’s return to the country of his or her habitual residence.’

Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 70, [2015] 3 WLR 1827, [2016] AC 1291, [2015] WLR(D) 486, UKSC 2015/0176
Bailii, Bailii Summary, WLRD, SC, SC Summary
The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996 11, Regulation No 2201/2003 20(1)
England and Wales
Citing:
CitedRe J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction) HL 16-Jun-2005
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought . .
Appeal ffromRe J (A Child) (1996 Hague Convention) (Morocco) CA 1-Apr-2015
M appealed against an order for the return of her child to Morocco. Both parents had dual Moroccan and UK citizenship. The child was born in the UK, but later lived with them in Morocco. The parents split, with M awarded custody in Morocco, but . .
CitedPurrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .
CitedDeticek v Sgueglia ECJ 23-Dec-2009
ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody . .
CitedB v B FD 21-May-2014
Mostyn J used the 1996 Convention for just this purpose, when ordering the return of a child to Lithuania pursuant to the 1980 Convention, so as to ensure that there was no grave risk of harm within the meaning of article 13(1)(b) of that . .

Lists of cited by and citing cases may be incomplete.

Children, International, European

Updated: 06 January 2022; Ref: scu.554899

Aksionairnoye Obschestvo A M Luther v James Sagor and Co: CA 1921

A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An English court will recognise the compulsory acquisition law of a foreign state and will recognise the change of title to property which has come under the control of the foreign state and will recognise the consequences of that change of title.
Scrutton LJ said: ‘The courts in questions whether a particular person or institution is a sovereign must be guided only by the statement of the sovereign on whose behalf they exercise jurisdiction.’

Scrutton LJ
[1921] 3 KB 532
England and Wales
Citing:
CitedMighell v Sultan of Johore CA 1-Dec-1893
In 1885 the Sultan of Johore came to England, and according to the plaintiff, Miss Mighell, took the name Albert Baker and promised to marry her.
Held: The Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly . .
CitedOetjen v Central Leather Co 1918
(US Supreme Court) Animal hides were seized and sold to satisfy a monetary assessment to support the revolution, and there was an issue of title between an assignee from the original owner and a person deriving his claim to title from the purchaser . .

Cited by:
CitedRegina v Minister of Agriculture Fisheries and Food, ex parte S P Anastasiou (Pissouri) Ltd and Others (2) HL 17-Dec-2001
The claimants asserted that citrus fruit exported from Turkish Cyprus via Turkey, and certified in Turkey, should not be imported. Imports required phytosanitary certificates conforming to European standards. They asserted that the regulations . .
CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedNorth Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
CitedIran v The Barakat Galleries Ltd QBD 29-Mar-2007
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
CitedKorea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC 18-Nov-2008
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
CitedLucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

Lists of cited by and citing cases may be incomplete.

Commercial, International

Updated: 05 January 2022; Ref: scu.183811

Mighell v Sultan of Johore: CA 1 Dec 1893

In 1885 the Sultan of Johore came to England, and according to the plaintiff, Miss Mighell, took the name Albert Baker and promised to marry her.
Held: The Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly concealed the fact that he is a sovereign, and has acted as a private individual.’ ‘When once there is the authoritative certificate of the Queen through her minister of state as to the status of another sovereign, that in the courts of this country is decisive’.
To an argument that he had waived this immunity, the court held that the only way that a sovereign could waive immunity was by submitting to jurisdiction in the face of the court as, for example, by appearance to a writ. If the sovereign ignored the issue of the writ, the court was under a duty of its own motion to recognise his immunity from suit.

Lord Esher MR, Lopes LJ, Kay LJ
[1894] 1 QB 149, [1893] UKLawRpKQB 198
Commonlii
England and Wales
Cited by:
CitedAksionairnoye Obschestvo A M Luther v James Sagor and Co CA 1921
A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
CitedAlamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service Admn 25-Nov-2005
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had . .
CitedAziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .

Lists of cited by and citing cases may be incomplete.

International

Updated: 05 January 2022; Ref: scu.219443

FC Dynamo-Minsk v Council: ECFI 6 Oct 2015

Judgment Common foreign and security policy – Restrictive measures adopted against Belarus – Freezing of funds – Action for annulment – Period allowed for modifying the form of order sought – Partial inadmissibility – Entity owned or controlled by a person or entity subject to the restrictive measures – Obligation to state reasons – Error of assessment

ECLI:EU:T:2015:747, [2015] EUECJ T-275/12
Bailii
England and Wales

Banking, International

Updated: 04 January 2022; Ref: scu.553096

Triquet v Bath: 1764

An English secretary to a foreign minister is privileged from arrests, though formerly a trader, and now under very suspicious circumstances. For a servant of a minister of a foreign country to claim protection against prosecution, it is not necessary for him to show every incident of such service, it is enough for him to show actual bona fide service. Where such service is established on affidavit, ‘we must not, upon bare suspicion only, suppose it to have been merely colourable and collusive.’

Lord Mansfield
(1764) 3 Burr 1478, [1746] EngR 666, (1746-1779) 1 Black W 471, (1764) 96 ER 273
Commonlii
England and Wales
Cited by:
CitedRegina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .

Lists of cited by and citing cases may be incomplete.

Constitutional, International

Updated: 04 January 2022; Ref: scu.239958

Re CB (A Child): CA 6 Aug 2015

P was the child of now separated women. P was born in the UK but taken by one parent to Pakistan. The other parent now appealed from refusal of her request for the court to exercise its inherent jurisdiction or wardship to support her application for contact for contact with P. The court considered whether, having left with her mother who had a settled intention of remaining in Pakistan, CB would lose he habitual residence here upon so leaving.
Held: The appeal failed. Hogg J had been entitled to hold that on leaving the UK, B had lost her English habitual residence. Although the attenuation, or even the ultimate loss, of her relationship with the appellant would be a real detriment to B, the circumstances were not so exceptionally grave as to justify exercise of the inherent jurisdiction by reference to her nationality.
Although there was no direct evidence to substantiate the appellant’s asserted inability to present her case to the courts of Pakistan, the court surveyed general material about the attitude of society there to same-sex relationships. The issue of sexual relations between women was unexplored territory in law, there was in Pakistan pervasive societal and state discrimination, social stigma, harassment and violence against both gay men and lesbian women, together with a lack of effective protection by the state against the activities of non-state actors. The Court proceeded on the unchallenged basis that courts in Pakistan would be unlikely to recognise that the appellant had any relationship with B which would entitle her to relief and that therefore she would have no realistic opportunity to advance her claim there.

Sir James Munby P, Black, Vos LJJ
[2015] EWCA Civ 888, [2016] 2 WLR 487, [2015] WLR(D) 364, [2015] Fam Law 1339
Bailii, WLRD
Adoption and Children Act 2002
England and Wales
Citing:
Appeal fromLondon Borough of Merton v LB FD 19-Dec-2014
The court considered applications in the case of a proposed adoption of a child LB. The mother, Latvian, and the Latvian authorities opposed the application, saying that the child’s future should be settled in Latvia. CB had been taken into care . .
See AlsoLB v London Borough of Merton and Another CA 1-May-2013
. .

Cited by:
CitedRe B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
CitedRe B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
CitedIn Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .

Lists of cited by and citing cases may be incomplete.

Adoption, International

Updated: 03 January 2022; Ref: scu.551020

KK (A Child), Re Judicial Review: FDNI 10 Jun 2013

Maternal Grandparents sought a declartion requiring the return to Latvia of their grandson, who had been brought forcibly to NI by his mother, he having lived with them in Latvia for several years.

Maguire J
Bailii
Child Abduction and Custody Acy 1985, Convention on the Civil Aspects of International Child Abduction
England and Wales
Citing:
CitedIn Re B (A Minor)(Child Abduction: Consent) CA 9-May-1994
A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to . .

Cited by:
See alsoIn re K (A Child) SC 15-Mar-2014
Rights of Custody under Convention
The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child . .

Lists of cited by and citing cases may be incomplete.

Children, Northern Ireland, International

Updated: 03 January 2022; Ref: scu.550933

The Serious Fraud Office v Saleh: QBD 21 Jul 2015

Application by the Respondent to discharge a property freezing order.
Held: Where a Canadian court had ordered the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the Canadian prosecuting authority, the appropriate prosecuting authority here was not thereby prevented from commencing proceedings against the proceeds of sale of those same shares where they were located within the United Kingdom.

Andrews DBE J
[2015] EWHC 2119 (QB), [2015] WLR(D) 368, [2015] Lloyd’s Rep FC 62
Bailii, WLRD
Proceeds of Crime Act 2002
England and Wales

Criminal Sentencing, International

Updated: 02 January 2022; Ref: scu.550578

R v R: CA 24 Jul 2015

The court was asked: ‘Does the order of Moor J against the appellant husband to pay in russia interim maintenance to his wife unlawfully cirumvent prohibitions in Ukrainian sanctions legislation to which the husband is subject?’

Arden, Ryder, Briggs LJJ
[2015] EWCA Civ 796
Bailii
Council Regulation (EU) No 269/2014, Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014
England and Wales

Family, International, Crime

Updated: 02 January 2022; Ref: scu.550590

Re K (1980 Hague Convention) (Lithuania): CA 14 Jul 2015

Appeal by a mother against the order that E, her 11 year old daughter, be returned to Lithuania forthwith pursuant to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction 1980

[2015] EWCA Civ 720
Bailii
Hague Convention on the Civil Aspects of International Child Abduction 1980 12
England and Wales

Children, International

Updated: 02 January 2022; Ref: scu.550305

S v Mthembu: 10 Apr 2008

Saflii (South Africa: Supreme Court of Appeal) The evidence of an accomplice extracted through torture, (including real evidence derived from it), is inadmissible, even where the accomplice testifies years after the torture. The link was inextricable.

Cameron, Maya et Cachalia JJA
379/07, [2008] ZASCA 51, [2008] 3 All SA 159 (SCA), [2008] 4 All SA 517 (SCA), 2008 (2) SACR 407 (SCA)
Saflii
Commonwealth
Cited by:
CitedHer Majesty’s Advocate v P SC 6-Oct-2011
(Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution.
Held: The admission of the . .

Lists of cited by and citing cases may be incomplete.

International, Criminal Practice

Updated: 02 January 2022; Ref: scu.445168

London Borough of Merton v LB: FD 19 Dec 2014

The court considered applications in the case of a proposed adoption of a child LB. The mother, Latvian, and the Latvian authorities opposed the application, saying that the child’s future should be settled in Latvia. CB had been taken into care under section 20 after findings of lack of care.

Moylan J
[2014] EWHC 4532 (Fam)
Bailii
Children Act 1989 20
England and Wales
Citing:
See AlsoLB v London Borough of Merton and Another CA 1-May-2013
. .

Cited by:
Appeal fromRe CB (A Child) CA 6-Aug-2015
P was the child of now separated women. P was born in the UK but taken by one parent to Pakistan. The other parent now appealed from refusal of her request for the court to exercise its inherent jurisdiction or wardship to support her application . .

Lists of cited by and citing cases may be incomplete.

Adoption, International

Updated: 01 January 2022; Ref: scu.549759

Iranian Offshore Engineering and Construction v Council: ECFI 25 Jun 2015

ECJ Judgment (Extracts) – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Error of assessment – Obligation to state reasons – Right to effective judicial protection – Misuse power – Right to property – Equality of treatment

T-95/14, [2015] EUECJ T-95/14, ECLI: EU: T: 2015 433
Bailii
European

International

Updated: 01 January 2022; Ref: scu.549581

Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012

The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed.
Held: The appeals succeeded (Judge and Clarke dissenting). The Act could not have the full extra territorial effect suggested.
Lord Phillips summarised his conclusions: ‘(i) The courts below placed undue weight on the definition of ‘property’ in POCA.
(ii) The appellants have placed undue weight on the presumption that a statute does not have extraterritorial effect.
(iii) States have, by agreement, departed from the customary principles of international law in the case of confiscating the proceeds of crime. Of particular relevance is the 1990 Strasbourg Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. POCA must be read in the light of that Convention.
(iv) The Convention recognises that the courts of state A may make an order purporting to vest in the authorities of state A property that is situated in state B in circumstances where the property is the proceeds of the criminal conduct of a defendant subject to the criminal jurisdiction of state A.
(v) The Convention provides that effect should be given to such an order by confiscation proceedings in state B at the request of state A.
(vi) The answer to the issue raised by the PFO appeal depends upon an analysis of both the scheme and the language of POCA considered in the light of the Convention
(vii) Parts 2, 3 and 4 of POCA provide for (a) the imposition in personam of obligations in respect of property worldwide; (b) measures in rem to secure and realise property within the United Kingdom; and (c) requests to be made to other states to take such measures in respect of property within their territories.
(viii) Part 5 of POCA makes provision for in rem proceedings in respect of property within the United Kingdom but not outside it.
(ix) The scheme of POCA, as described above, accords with arrangements made by the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181) (‘the Order’) for giving effect to requests from other states in relation to the confiscation of the proceeds of crime.
(x) The scheme of POCA as described above also accords with the requirements of a coherent international scheme for confiscation of the proceeds of crime and with principles of public international law. The converse is the case if SOCA’s submissions as to the extraterritorial effect of Part 5 are correct.
(xi) Section 286 is an anomalous enigma and cannot justify giving the provisions of POCA that relate to the rest of the United Kingdom a meaning different from that which they would bear in the absence of section 286.
(xii) For all these reasons the PFO appeal should be allowed.’
Sir Anthony Hughes said: ‘What cannot, as it seems to me, be the correct construction is that, as SOCA was obliged to submit, it has jurisdiction to seek a (mandatory) civil recovery order over property in China which is the product of a crime committed in China by an offender who has never left that country.’

Lord Phillips, President, Lady Hale, Lord Brown, Lord Judge, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed, Sir Anthony Hughes
[2012] UKSC 35, UKSC 2010/0182, [2012] 5 Costs LO 668, [2012] 3 WLR 379, [2012] WLR(D) 238
Bailii, Bailii Summary, SC Summary, SC, WLRD
Proceeds of Crime Act 2002, 1990 Strasbourg Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
England and Wales
Citing:
At First instanceSerious Organised Crime Agency v Perry and Others Admn 30-Jul-2009
The respondents sought to have set aside a world wide asset freezing and associated orders obtained by SOCA against them. They said that the Court had no jurisdiction over them, and that the Agency was guilty of wilful non-disclosure. They first . .
CitedRegina v Cuthbertson HL 1981
With ‘considerable regret’, the power of forfeiture and destruction conferred on the court by section 27 of 1971 Act did not apply to offences of conspiracy, and could not be used to provide a means of stripping professional drug-traffickers of the . .
CitedGovernment of the Republic of Spain v National Bank of Scotland SCS 24-Feb-1939
Lord Justice-Clerk Aitchison considered a provision claiming extra territorial effect, and said: ‘such ‘decrees’ of a foreign country as purport to have extra-territorial effect, and to attach property in a subject situated, and at a time when it is . .
CitedSociete Eram Shipping Company Ltd v Compagnie International De Navigation and Others CA 7-Aug-2001
Judgment creditors obtained a garnishee order nisi, but the bank objected to the order being made absolute. The account was in Hong Kong, where there was a real danger, that the law would not relieve them of their obligation to the account holders . .
CitedSociete Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
CitedPattni v Ali and Another PC 20-Nov-2006
(Isle of Man (Staff of Government Division)) The Board considered the possibility of extra-territorial jurisdiction over property.
Held: It should generally be expected that an order having the effect of transferring a real right of ownership . .
Appeal fromPerry and Others v Serious Organised Crime Agency CA 18-May-2011
The court was asked ‘Does a court in England and Wales have the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside this jurisdiction, . .
Appeal fromSerious Organised Crime Agency v Perry and Others CA 29-Jul-2010
The court heard appeals against disclosure orders made under the 2002 Act. The appellants argued that neither the offence, nor the assets nor the appellants themselves were within the jurisdiction. . .
CitedKing v Director of the Serious Fraud Office HL 18-Mar-2009
Authorities in South Africa sought assistance in recovering what they said were assets acquired in England and Scotland with the proceeds of crime in South Africa, and in particular a restraint order, an assets declaration and other investigative . .
Appeal FromSerious Organised Crime Agency v Perry Admn 28-Jun-2010
The first defendant’s bankers had heard of his conviction for fraud in Israel and had notified his and associated bank accounts to SOCA. He now appealed against ex parte world wide asset freezing (PFO) and disclosure orders (DO) made againt him. The . .

Cited by:
CitedWaya, Regina v SC 14-Nov-2012
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, International, Jurisdiction

Updated: 31 December 2021; Ref: scu.463144

Forsyth, Regina v, Regina v Mabey: SC 23 Feb 2011

The defendants were to face trial on charges of making funds available to Iraq in breach of the 2000 Order. They said that the 2000 Order was ultra vires and ineffective, not having been made ‘forthwith’ after the UN resolution it was based upon, but some ten years later.
Held: The appeal failed. The comparison with the case of Ahmed was inappropriate. The mischief complained of was quite different, and it was not necessary to go behind the terms of the 1946 Act: ‘Security Council Resolutions are not simply one-off measures requiring immediate implementation by member states and then receding into history, and that situations can develop in the course of their subsequent enforcement which call for further measures to be taken, sometimes with considerable urgency, to meet emerging problems. It would be not merely inappropriate as a matter of construction but regrettable as a matter of fact were this court now to stultify the power conferred under the 1946 Act by confining its exercise within an artificially restricted time-frame.’

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown
UKSC 2010/0227, UKSC 2010/0226, [2011] UKSC 9, [2011] Lloyd’s Rep FC 232, [2011] 2 All ER 165, [2011] 2 WLR 277, [2011] 2 AC 69
Bailii Summary, SC Summary, SC, Bailii
Iraq (United Nations Sanctions) Order 2000 3(a) 11(4), United Nations Act 1946 1
England and Wales
Citing:
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedRegina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Lists of cited by and citing cases may be incomplete.

Crime, International

Updated: 31 December 2021; Ref: scu.429723

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act.
Held: (Reid, Hope LL dissenting, Dyson, Carnwath, Neuberger LL dissenting in part) The direction was set aside. The interruption of the Bank’s commercial dealings was not a proportionate means of interrupting the pursuit by Iran of a nuclear weapons programme. The justification for singling out the appellant bank was inadequate. Additionally it had not been given the required notice of the proposal to make the direction, and therefore had not been able to make representations. The duty of fairness was not excluded by the possibility of recourse to the courts.
Lord Sumption considered the development of the test of proportionality, with a four stage test, saying that: ‘the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community. These four requirements are logically separate, but in practice they inevitably overlap because the same facts are likely to be relevant to more than one of them.’
Lord Reed observed that: ‘the intensity [of review] – that is to say, the degree of weight or respect given to the assessment of the primary decision-maker – depends on the context.’
The concept of proportionality, which has found its way into both the law of the European Union and the European Convention on Human Rights, has always contained a fourth element. This is the importance, at the end of the exercise, of the overall balance between the ends and the means: there are some situations in which the ends, however meritorious, cannot justify the only means which is capable of achieving them.
He set out four principles: ‘(1) whether the objective of the relevant measure is sufficiently important to justify the limitation of a protected right, (2) whether the measure is rationally connected to the objective, (3) whether a less intrusive measure could have been used without unacceptably compromising the achievement of the objective, and (4) whether, balancing the severity of the measure’s effects on the rights of the persons to whom it applies against the importance of the objective, to the extent that the measure will contribute to its achievement, the former outweighs the latter.’

Lord Neuberger, President, Lord Hope, Deputy President, Lady Hale, Lord Kerr, Lord Clarke, Lord Dyson, Lord Sumption, Lord Reed, Lord Carnwath
[2013] UKSC 39, [2013] Lloyd’s Rep FC 580, [2013] 3 WLR 179, [2013] HRLR 30, [2013] 4 All ER 533, [2013] WLR(D) 244, UKSC 2011/0040, [2014] 1 AC 700
Bailii Summary, Bailii, SC Sumary, SC, WLRD
Counter-Terrorism Act 2008 7, Human Rights Act 1998
England and Wales
Citing:
At first instanceBank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
Appeal fromBank Mellat v HM Treasury CA 13-Jan-2011
Under the 2009 Order, the appellant Bank’s UK operations had been shut down. It appealed against the Order, but the respondent had brought evidence, closed save to the respondent, and the order had been confirmed.
Held: The bank’s appeal . .
See AlsoBank Mellat v Her Majesty’s Treasury (No 1) SC 19-Jun-2013
Closed Material before Supreme Court
Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it . .
CitedCooper v The Board of Works For The Wandsworth Destrict 21-Apr-1863
Where a land-owner owner had failed to give proper notice to the Board, the Board had, under the 1855 Act, power to demolish any building he had erected and recover the cost from him. The plaintiff said that the Board had used that power without . .
CitedRex v Electricity Commissioners, ex parte London Electricity Joint Committee Co (1920) Ltd CA 1923
The Commissioners had a statutory duty to make schemes with regard to electricity districts and to hold local enquiries before making them. They made a draft scheme which in effect allocated duties to one body which the Act required should be . .
CitedWiseman v Borneman HL 1971
The House was asked whether natural justice required that there be an oral hearing of a determination by a tax tribunal of whether there was a prima facie case.
Held: A refusal to examine evidence submitted to a tribunal initially when there . .
CitedF Hoffmann La Roche and Co A G v Secretary of State for Trade and Industry HL 1975
No Indemnity for misadministration
The Secretary of State sought an interlocutory injunction under the Act to restrain the appellant from charging prices in excess of those fixed by a statutory instrument he had made. The appellant argued that the statutory instrument was ultra . .
CitedEdinburgh District Council v Secretary of State for Scotland SCS 1985
Inner House . .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedDe Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
CitedRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedRegina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
CitedWheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
CitedUNISON, Regina (on The Application of) v Secretary of State for Health Admn 14-Oct-2010
The union challenged proposals to enter into a new round of reform of the National Health Service.
Held: Even if a legitimate expectation has been created, the courts cannot, consistently with the constitutional function of Parliament, control . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedRegina v Secretary of State for the Environment, ex parte Nottinghamshire County Council HL 12-Dec-1985
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political . .
CitedBAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .
CitedSecretary of State for the Home Department v Asif Javed and Zuifiqar Ali and Abid Ali CA 17-May-2001
A designation of Pakistan as a safe place for the return of a failed asylum applicant was unlawful because there was plain evidence that persecution of women who left the marital home, whether voluntarily or by compulsion, was widespread. . .
CitedBates v Lord Hailsham of St Marylebone ChD 1972
A solicitor applied to the court ex parte to restrain a committee acting under delegated powers from making an order changing the basis of charging for conveyancing on the ground that the committee was obliged to allow more time for consultation and . .
CitedRegina v Barnsley Metropolitan Borough Council, ex parte Hook CA 1976
The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the . .
CitedIllinois State Board Of Elections v Socialist Workers Party Et Al 22-Feb-1979
United States Supreme Court – Under the Illinois Election Code, new political parties and independent candidates must obtain the signatures of 25,000 qualified voters in order to appear on the ballot in statewide elections. However, the minimum . .
CitedRegina v Her Majesty’s Treasury, Ex parte Smedley CA 19-Dec-1984
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
CitedRegina v Edwards Books and Art Ltd 18-Dec-1986
Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not called upon to substitute judicial opinions for legislative ones as to the place at . .
CitedRegina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
CitedRegina v Secretary of State for Health, ex parte United States Tobacco International Inc CA 1991
The applicant company produced oral snuff. It had opened a factory in the United Kingdom after the Government, on advice, had negotiated an agreement with it to restrict the marketing of the product. The committee, basing itself not on new evidence . .
CitedLavigne v Ontario Public Service Employees Union 27-Jun-1991
Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Application – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee . .
CitedRegina v Birmingham City Council ex parte Ferrero Ltd CA 1993
The case concerned the prohibition in respect of chocolate eggs containing plastic toys one of which had been swallowed by and choked to death a small boy, and a power in the interests of public safety to prohibit the sale of particular goods, which . .
CitedRJR-MacDonald Inc v Canada (Attorney General) 21-Sep-1995
Supreme Court of Canada – Constitutional law — Division of powers — Charter of Rights — Freedom of expression — Commercial advertising — Cigarette advertising banned — Whether or not legislation validly enacted under criminal law power or . .
CitedJokela v Finland ECHR 21-May-2002
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; No violation of Art. 6-1 with regard to witnesses; No violation of Art. 6-1 with regard to reasons for decision; Pecuniary damage – financial . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
CitedMicallef v Malta ECHR 15-Oct-2009
‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to be recognised under domestic law’
Preliminary proceedings or . .
CitedAlberta v Hutterian Brethren of Wilson Colony 24-Jul-2009
Canlii Constitutional law – Charter of Rights – Freedom of religion – New regulation requiring photo for all Alberta driver’s licences – Members of Hutterian Brethren sincerely believing that Second Commandment . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedJohn v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .

Cited by:
AppliedMosekari v The London Borough of Lewisham Admn 5-Nov-2014
The claimant recently qualified teacher alleged that the school at which he had competed his statutoryinduction period had, by failing to record it properly denied him the status of qualified teacher. The defendant replied that there was no . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
CitedGaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland) SC 13-May-2015
The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
CitedSmith v Lancashire Teaching Hospitals NHS Trust and Another QBD 8-Sep-2016
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms:
i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
CitedCoventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
CitedAli and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
CitedWang Yam, Regina (on The Application of) v Central Criminal Court and Another SC 16-Dec-2015
The appellant was to apply to the ECHR challenge the fairness of his trial because it was held partially in camera. The UK resisted this application. The appellant sought to be permitted in his response to disclose and refer to contents of the . .
CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
CitedThe Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
CitedHesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
CitedAB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
CitedMcCann v The State Hospitals Board for Scotland SC 11-Apr-2017
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking . .
CitedA and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
CitedHussain, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 21-May-2020
No interim relief for Mosque Services
The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities . .
CitedHaralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
CitedGallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

International, Banking, Human Rights

Updated: 30 December 2021; Ref: scu.510915

Re J (A Child) (1996 Hague Convention) (Morocco): CA 1 Apr 2015

M appealed against an order for the return of her child to Morocco. Both parents had dual Moroccan and UK citizenship. The child was born in the UK, but later lived with them in Morocco. The parents split, with M awarded custody in Morocco, but staying access for F. M returned to the UK with J, and now appealed from an order for his return made under the Court’s inherent jurisdcition.
Held: The mother’s appeal succeeded.
Black LJ stated that ‘When I gave permission, like the parties I was thinking in terms of whether the well known principles in In re J (A Child)(Custody Rights: Jurisdiction) [2006] 1 AC 80 would need modification in the light of the coming into force of the 1996 Hague Convention’. It however became clear to her that ‘the impact of the 1996 Hague Convention is far more radical’. Article 11(1) imports three conditions before a court ‘can exercise’ jurisdiction: ‘(i) The case is one of urgency, (ii) The child (or, where relevant, property belonging to the child) is present in the contracting state of the court in question; (iii) The steps the court is going to take are ‘necessary measures of protection”

Moore-Bick VP, Black, Gloster LJJ
[2015] EWCA Civ 329, [2015] 2 FLR 513, [2015] 3 WLR 747, [2015] WLR(D) 201, [2015] Fam Law 628
Bailii, WLRD
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996
England and Wales
Citing:
CitedRe J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction) HL 16-Jun-2005
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought . .

Cited by:
Appeal ffromIn re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 29 December 2021; Ref: scu.545618

Fawwaz v Secretary of State for The Home Department (3): Admn 2 Mar 2015

Refusal of accession to Letters rogatory.

Burnett LJ, Wyn Williams J
[2015] EWHC 166 (Admin)
Bailii
Cited by:
See AlsoFawwaz v Secretary of State for The Home Department (2) Admn 2-Mar-2015
Refusal of accession to Letters rogatory. . .
See AlsoFawwaz v Secretary of State for The Home Department (1) Admn 2-Mar-2015
. .

Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 28 December 2021; Ref: scu.543782