Category: International

Osman v Elasha: CA 24 Jun 1999

The court was asked to make an order for return of three children from the Sudan.
Held: The court emphasised ‘the importance of according to each state liberty to determine the family justice system and principles that it deems appropriate to protect the child and to serve his best interests’ and ‘the further development of international collaboration to combat child abduction may well depend upon the capacity of states to respect a variety of concepts of child welfare derived from differing cultures and traditions. A recognition of this reality must inform judicial policy with regard to the return of children abducted from non-member states.’

Judges:

Thorpe, Stuart Smith and Pill LJJ

Citations:

[1999] EWCA Civ 1669, [2000] Fam 62

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction

Jurisdiction:

England and Wales

Cited by:

Cited – Re 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 . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 21 January 2023; Ref: scu.146584

Cook v Plummer: CA 9 Apr 2008

Application for permission to appeal and for permission to amend his grounds of appeal in relation to a discretionary decision acceding to an application for a common-law stay on the grounds of forum non conveniens.

Citations:

[2008] EWCA Civ 484

Links:

Bailii

Statutes:

Children Act 1989 Sch 1 14

Jurisdiction:

England and Wales

Child Support, International

Updated: 20 December 2022; Ref: scu.267899

Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995

The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.
Staughton LJ said: ‘In any case which involves a foreign element it may prove necessary to decide what system of law is to be applied, either to the case as a whole or to a particular issue or issues. Mr. Oliver, for Macmillan Inc., has referred to that as the proper law; but I would reserve that expression for other purposes, such as the proper law of a contract, or of an obligation. Conflict lawyers speak of the lex causae when referring to the system of law to be applied. For those who spurn Latin in favour of English, one could call it the law applicable to the suit (or issue) or, simply, the applicable law.
In finding the lex causae there are three stages. First, it is necessary to characterise the issue that is before the court. Is it for example about the formal validity of a marriage? Or intestate succession to moveable property? Or interpretation of a contract?
The second stage is to select the rule of conflict of laws which lays down a connecting factor for the issue in question. Thus the formal validity of a marriage is to be determined, for the most part, by the law of the place where it is celebrated; intestate succession to moveables, by the law of the place where the deceased was domiciled when he died; and the interpretation of a contract, by what is described as its proper law.
Thirdly, it is necessary to identify the system of law which is tied by the connecting factor found in stage two to the issue characterised in stage one. Sometimes this will present little difficulty, though I suppose that even a marriage may now be celebrated on an international video link. The choice of the proper law of a contract, on the other hand, may be controversial.’
Auld LJ said: ‘Subject to what I shall say in a moment, characterisation or classification is governed by the lex fori. But characterisation or classification of what? It follows from what I have said that the proper approach is to look beyond the formulation of the claim and to identify according to the lex fori the true issue or issues thrown up by the claim and defence. This requires a parallel exercise in classification of the relevant rule of law. However, classification of an issue and rule of law for this purpose, the underlying principle of which is to strive for comity between competing legal systems, should not be constrained by particular notions or distinctions of the domestic law of the lex fori, or that of the competing system of law, which may have no counterpart in the other’s system. Nor should the issue be defined too narrowly so that it attracts a particular domestic rule under the lex fori which may not be applicable under the other system: see Cheshire and North’s Private International Law , 12th ed., pp. 45-46, and Dicey and Morris , vol. 1, pp. 38-43, 45-48.’ (p. 407 B/D)
‘I agree with the judge when he said [1995] 1 W.L.R. 978, 988: ‘In order to ascertain the applicable law under English conflict of laws, it is not sufficient to characterise the nature of the claim: it is necessary to identify the question at issue.’ Any claim, whether it be a claim that can be characterised as restitutionary or otherwise, may involve a number of issues which may have to be decided according to different systems of law. Thus it is necessary for the court to look at each issue and to decide the appropriate law to apply to the resolution of that dispute.’

Judges:

Auld, Staughton LJJ

Citations:

Ind Summary 11-Dec-1995, Gazette 29-Nov-1995, Times 07-Nov-1995, [1996] 1 WLR 387, [1995] EWCA Civ 55, [1996] 1 All ER 585

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3) ChD 1-Jul-1993
Bona fide chargees for value of shares situated in New York and held on trust for Macmillan were able, by application of New York law, to take the shares free of Macmillan’s prior equitable interest of which the chargees had had no notice. Where . .
Cited – Norris v Chambres 1861
A company director had committed suicide; the claim was brought by his estate. The company had been established in England to work a Prussian coal mine, and the director had personally advanced a large sum towards its purchase. The company agreed to . .

Cited by:

Cited – Knight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
Cited – Cox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
Cited – Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others CA 1-Mar-2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against . .
Cited – Gorjat v Gorjat ChD 29-Jun-2010
The claimant, daughters of the deceased by his first marriage challenged a transfer of a significant sum by their father before his death, saying that he lacked mental capacity. . .
Lists of cited by and citing cases may be incomplete.

International, Company

Updated: 20 December 2022; Ref: scu.83285

Winrow v Hemphill and Another: QBD 6 Oct 2014

The claimant had been injured in a road traffic accident in Germany. Liability being admitted, the court now asked whether damages should be assessed according to UK or German law. The claimant was a UK national but had been resident in Germany with her husband for several years.

Judges:

Slade DBE

Citations:

[2014] EWHC 3164 (QB)

Links:

Bailii

Statutes:

Council Regulation on Jurisdiction No. 44 of 2001, Regulation (EC) No. 864/2007 4(1)

Jurisdiction:

England and Wales

Personal Injury, Damages, International

Updated: 09 December 2022; Ref: scu.537358

Kahan v Pakistan Federation: 1951

State immunity can only be lost by a submission to the jurisdiction when it was invoked, and not by an earlier act.

Citations:

[1951] 2 KB 1003, [1951] 2 TLR 697

Jurisdiction:

England and Wales

Cited by:

Cited – NML 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: 09 December 2022; Ref: scu.441561

SK and F v Department of Community Services: 1990

‘ . . An examination of the recent English decisions shows that the so-called ‘public interest’ defence is not so much a rule of law as an invitation to judicial idiosyncrasy by deciding each case on an ad hoc basis as to whether, on the facts overall, it is better to respect or to override the obligation of confidence’.

Judges:

Gummow J

Citations:

[1990] FSR 617

Jurisdiction:

England and Wales

Cited by:

Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 09 December 2022; Ref: scu.238825

Fletcher v The Commissioners of Public Works in Ireland: 21 Feb 2003

(Irish Supreme Court)

Citations:

[2003] 1 IR 465

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Lists of cited by and citing cases may be incomplete.

International, Personal Injury, Damages

Updated: 09 December 2022; Ref: scu.238197

A v S (Financial Relief after Overseas US Divorce): 2003

Citations:

[2003] 1 FLR 431

Jurisdiction:

England and Wales

Cited by:

Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 07 December 2022; Ref: scu.406670

Viveash v Becker: 1814

A merchant who was resident in London took on additional duties as consul for a foreign government.
Held: the appointment was not sufficient to protect him from an action upon a mesne process.

Citations:

(1814) 3 M and S 284, [1814] 105 ER 619

Jurisdiction:

England and Wales

Cited by:

Cited – Regina 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.

International

Updated: 07 December 2022; Ref: scu.239962

Trustor AB v Barclays Bank plc: ChD 16 Nov 2000

The court had failed to stamp an order as to the entitlement to serve it outside the jurisdiction, and the defendant applied for summary dismissal. The court held that although the directions were mandatory, and the court should endorse reasons why leave had been given to serve the document outside the jurisdiction, such a failure was at most an irregularity, and could not justify the court saying the defendant had not been served.

Citations:

Gazette 16-Nov-2000, Times 22-Nov-2000

Statutes:

Civil Procedure Rules 6.19 (3)

Jurisdiction:

England and Wales

International, Litigation Practice

Updated: 07 December 2022; Ref: scu.90011

Turczak v Turczak: 1970

Following a Polish divorce, there was no power to order maintenance under the 1965 Act because the parties were no longer husband and wife.

Citations:

[1970] P 198

Statutes:

Matrimonial Causes Act 1965

Jurisdiction:

England and Wales

Cited by:

Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 06 December 2022; Ref: scu.406667

BM, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Mar 2009

The claimant wished to assert that he had been tortured by the US. The parties disputed whether the claimant formerly in custody in Guantanamo Bay had settled the case againt him, the claimant saying it was a plea bargain imposed on him unfairly. In view of ongoing discussions, further information was held back.

Citations:

[2009] EWHC 571 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, International

Updated: 06 December 2022; Ref: scu.323748

Statham and Statham v Gaekwar of Baroda: 1892

The certificate of the Secretary of State confirmed the state immunity of the defendant.

Citations:

[1892] P 92

Jurisdiction:

England and Wales

Cited by:

Cited – Alamieyeseigha, 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 . .
Lists of cited by and citing cases may be incomplete.

International, Crime

Updated: 06 December 2022; Ref: scu.235348

Chevron Oil Co v Huson: 1971

(US Supreme Court) The Supreme Court summarised three factors to be taken into account when considering whether a ruling should be applied non-retroactively: whether the decision established a new principle of law, whether retrospective operation would advance or retard the operation of the new rule, and whether the decision could produce substantial inequitable results if applied retrospectively.

Citations:

(1971) 404 US 97

Jurisdiction:

United States

Cited by:

Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Lists of cited by and citing cases may be incomplete.

International, Constitutional

Updated: 06 December 2022; Ref: scu.228288

Cruzan v Director, Missouri Department of Health: 1990

Citations:

(1990) 110 S Ct 2841

Jurisdiction:

United States

Cited by:

Cited – Airedale NHS Trust v Bland FD 19-Nov-1992
The patient had suffered catastrophic injuries in 1989, leaving him in a persistent vegetative state (PVS). The doctors sought leave to discontinue life maintaining treatment and medical support. The inevitable result would be his death. The . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 06 December 2022; Ref: scu.181200

Regina (Hasan) v Secretary of State for Trade and Industry: Admn 19 Nov 2007

The claimant, a Palestinian, sought to challenge licences authorising the sale of military equipment to Israel which had been used in turn to destroy his farm, and infringe his human rights.
Held: Permission was refused. Though overt examination of the particular licences was not adequate the grant of licences was subject to appropriate supervision.

Judges:

Collins J

Citations:

[2007] EWHC 2630 (Admin), [2008] ACD 10

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

International, Administrative

Updated: 05 December 2022; Ref: scu.263494

Askin and Others v ABSA Bank Ltd and Others: CA 23 Feb 1999

In hearing a forum non conveniens application the court could allow that justice was not practically available to the party in another jurisdiction only after it had first been shown that the other forum was available. Here the plaintiff facing criminal charges there, and was unwilling to return.

Citations:

Times 23-Feb-1999, Gazette 31-Mar-1999, [1999] EWCA Civ 680

Jurisdiction:

England and Wales

International

Updated: 05 December 2022; Ref: scu.77907

Kadi v Commission: ECFI 30 Sep 2010

ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property.

Citations:

[2010] ECR II-5177, [2010] EUECJ T-85/09, [2011] Lloyd’s Rep FC 43, [2011] All ER (EC) 169, [2011] 1 CMLR 24

Links:

Bailii

Statutes:

Regulation (EC) No 881/2002

Jurisdiction:

European

Cited by:

Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Youssef 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 . .
Cited – Haralambous, 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 . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 04 December 2022; Ref: scu.425265

In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of both the Insolvency Proceedings Regulation and UNCITRAL. Both were preceded by the European Convention on Insolvency Proceedings. Its preparation began in 1960. It was open for signature by member states from 23 November 1995. The Convention applied to proceedings which satisfied four conditions but as there might be more than one proceeding satisfying those conditions it also provided for ‘main insolvency proceedings’. They were defined as proceedings in the contracting state where the debtor had his centre of main interests. In May 1996 the UK Government refused to sign the Convention. In July 1996 there was signed what became known as the Virgos-Schmit Report on the Convention (Report on the Convention on Insolvency Proceedings, Brussels, 3 May 1996). Though never formally adopted, it was and is regarded as an authoritative commentary on the Convention and the subsequent regulation derived from it.’

Judges:

Sir Andrew Morritt (Chancellor), Arden LJ, Hughes LJ

Citations:

[2011] 1 Ch 33, [2009] EWHC 1441 (Ch), [2010] 3 WLR 941, [2010] Bus LR 1270, [2010] Lloyd’s Rep FC 357, [2010] BPIR 679

Links:

Bailii

Statutes:

Cross-Border Insolvency Regulations 2006

Jurisdiction:

England and Wales

Cited by:

See Also – In re Stanford International Bank Ltd and Others ChD 9-Jul-2009
One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing.
Held: It did not. The Rules set out a deliberately prescriptive regime which . .
Appeal from – Stanford International Bank Ltd, Re CA 25-Feb-2010
Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other . .
Cited – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
Lists of cited by and citing cases may be incomplete.

Insolvency, International, European

Updated: 04 December 2022; Ref: scu.347459

Zaffino v Zaffino: 2006

The court considered the treatment of a child’s objections to being returned to a home country by an order under the Act.

Citations:

[2006] 1 FLR 410

Jurisdiction:

England and Wales

Cited by:

Confirmed – Vigreux v Michel and Another CA 18-May-2006
The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The . .
Cited – AF v M B-F FD 22-Feb-2008
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 04 December 2022; Ref: scu.265916

Wisconsin v Pelican Insurance Co: 1888

(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanours but to all suits in favour of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws and all judgments for such penalties’.

Citations:

(1888) 127 US 265

Jurisdiction:

United States

Cited by:

Applied – Huntington v Attrill HL 1893
In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a . .
Cited – Iran 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 . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 04 December 2022; Ref: scu.258521

City of Berne v Bank of England: 1804

A state not recognised by the United Kingdom government has no standing in the English courts.

Citations:

(1804) 9 Ves 347

Jurisdiction:

England and Wales

Cited by:

Cited – North 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 . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 01 December 2022; Ref: scu.230015

Linkletter v Walker: 1965

(US Supreme Court) In both criminal and civil cases ‘the accepted rule today is that in appropriate cases the Court may in the interests of justice make the rule prospective.’

Citations:

(1965) 381 US 618

Jurisdiction:

United States

Cited by:

Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Lists of cited by and citing cases may be incomplete.

International, Constitutional

Updated: 01 December 2022; Ref: scu.228287

Charkaoui v Minister of Citizenship and Immigration: 23 Feb 2007

(Supreme Court of Canada) The court considered the procedure for immigration appeals involving the use of evidence not to be given to the applicant.
Held: The statutory procedures for reviewing certificates of inadmissibility to Canada and consequent detentions were inadequate: ‘the government can do more to protect the individual while keeping critical information confidential’.
McLachlin CJ said: ‘Last but not least, a fair hearing requires that the affected person be informed of the case against him or her, and be permitted to respond to it.’ and ‘ . . The judge is therefore not in a position to compensate for the lack of informed scrutiny, challenge and counter-evidence that a person familiar with the case could bring. Such scrutiny is the whole point of the principle that a person whose liberty is in jeopardy must know the case to meet. Here that principle has not merely been limited; it has been effectively gutted. How can one meet a case one does not know?’

Judges:

McLachlin CJ

Citations:

[2007] 1 SCR 350, (2007) 276 DLR (4th) 594, (2007) 152 CRR (2d) 17, (2007) 44 CR (6th) 1, (2007) 54 Admin LR (4th) 1

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Times Newspapers Ltd v Secretary of State for the Home Department and AY Admn 17-Oct-2008
The newspaper applied to challenge the protection of the identity of the defendant subject to a control order under the 2005 Act. It said that there was no basis for the making of the order without first considering the Human Rights need for open . .
Cited – Secretary of State for the Home Department v AF AM and AN etc CA 17-Oct-2008
The claimants were subject to non-derogating control orders, being non EU nationals suspected of terrorism. They now said that they had not had a compatible hearing as to the issue of whether they were in fact involved in terrorist activity.
Lists of cited by and citing cases may be incomplete.

International, Natural Justice

Updated: 30 November 2022; Ref: scu.263783

Wright v McQualter: 1970

Kerr J said: ‘If there were in the last analysis no more in this case than a quiet peaceful gathering on the lawn (in front of the premises of the United States Embassy) of persons shouting slogans and carrying placards of the kind in question here, with no risk of intrusion or damage to the premises, I would have some doubt whether there was any basis for believing that such action in such a place could reasonably amount to impairing the dignity of the mission, which is, after all, a political body. As such, it must presumably accommodate itself to the existence of strong disagreement with some of the policies of its government and to the direct and forceful verbal expressions of such disapproval. I appreciate that something may turn on the closeness of those concerned to the premises and on the extravagance or insulting nature of the language used, but, for myself, I would like to keep this whole subject open until, if ever, it arises for decision.’
‘So far as the courts are concerned, when offences are alleged to have been committed and the police make arrests and prosecutions follow, the role of the courts is simply to decide the question of guilt or innocence and the penalty to be imposed in the event of a finding of guilt. It is for other parts of the structure of democratic institutions in society to deal with the problems, if any, of selective law-enforcement.’

Judges:

Kerr J

Citations:

(1970) 17 FLR 305

Jurisdiction:

Australia

Cited by:

Cited – Aziz 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 . .
Lists of cited by and citing cases may be incomplete.

International, Criminal Practice

Updated: 30 November 2022; Ref: scu.254617

Ogden v Association of the United States Army: 1959

(US Supreme Court)

Citations:

(1959) 1777 Fed Supp 498, 502

Jurisdiction:

United States

Cited by:

Cited – Loutchansky v The Times Newspapers Ltd and Others (Nos 2 to 5) CA 5-Dec-2001
Two actions for defamation were brought by the claimant against the defendant. The publication reported in detail allegations made against the claimant of criminal activities including money-laundering on a vast scale. They admitted the defamatory . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 30 November 2022; Ref: scu.182298

Vitkovice Horni a Hutni Tezirstvo v Korner: HL 1951

The ordinary principles of international comity were invaded when courts permitted service out of jurisdiction and that the courts should therefore approach with circumspection any application for leave to serve a foreigner out of the jurisdiction. It is an ‘exhorbitant jurisdiction’, and should be ‘exercised with caution and with a bias against invading the sovereignty of a foreign State’ (Lord Simonds). A master or judge may on some occasions be obliged to assess the relative strength of the parties’ cases. In doing so, he does not try the case on the affidavits, because he reaches only a provisional conclusion: the stage for trial and for final decision has not been reached. But he must have regard to all the admissible material before him not just the plaintiff’s case. He must conclude that there is a good arguable case (Lord Simonds), not just a case that can be argued, or a strong argument (Lord Radcliffe).
Lord Radcliffe said: ‘It seems to me that the solution of disputes about the relative merits of trial in England and trial abroad is pre-eminently a matter for the trial judge. Commercial court judges are very experienced in these matters. In nearly every case evidence is on affidavit by witnesses of acknowledged probity. I hope that in future the judge will be allowed to study the evidence and refresh his memory of the speech of Lord Goff in this case in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days. An appeal should be rare and the appellate court should be slow to interfere.’

Judges:

Lord Radcliffe, Lord Simonds

Citations:

[1951] AC 869, [1951] 2 All ER 334

Jurisdiction:

England and Wales

Citing:

View rejected – Malik v Narodni Banka Ceskoslovenska 1946
(Orse Malik v National Bank of Czechoslovakia) The evidential standard for establishing that one of the jurisdictional gateways applied was the civil burden of proof. . .

Cited by:

Cited – Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice, Jurisdiction

Updated: 27 November 2022; Ref: scu.416455

Smelter Corporation v O’Driscoll: 1977

(Ireland) In an action for misrepresentation, it did not matter that the representation was made by an agent who did not know that the representation was untrue.

Citations:

[1977] IR 307

Jurisdiction:

England and Wales

Cited by:

Cited – Spice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Agency, International

Updated: 23 November 2022; Ref: scu.194201

Lubbe and Others v Cape Plc: CA 30 Jul 1998

Citations:

[1998] CLC 1559, [1998] EWCA Civ 1351

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Lubbe and others v Cape Plc CA 24-Aug-1999
Although the court had previously decided to hear a multi-party case here, rather than in South Africa, the failure to disclose an impending group action was sufficient to transform the case leaving South Africa as clearly the most appropriate forum . .

Cited by:

See also – Lubbe and others v Cape Plc CA 24-Aug-1999
Although the court had previously decided to hear a multi-party case here, rather than in South Africa, the failure to disclose an impending group action was sufficient to transform the case leaving South Africa as clearly the most appropriate forum . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 23 November 2022; Ref: scu.144830

Molins Plc v G D Spa: ChD 24 Feb 2000

In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court refused to issue the injunction. It had the power to do so, but the parties must rely upon the Italian courts to discover the truth, and was asserted fell short of abuse of process.

Citations:

Times 01-Mar-2000, Gazette 24-Feb-2000

Statutes:

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Comercial Matters 1965 Cmd 3986, Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968

Jurisdiction:

England and Wales

Citing:

See Also – Molins Plc v GD Spa PatC 2-Feb-2000
. .

Cited by:

Appeal from – Molins Plc v G D Spa CA 29-Mar-2000
In a case where the national court which would deal with a matter was the court first seised of the matter, a stay could only be awarded where the proceedings until the proceedings were definitively pending in that court. Documents could be served . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 22 November 2022; Ref: scu.83798

Re M (A Child): CA 27 Mar 2007

The Court reviewed the questions which need to be explored when considering a defence of Child’s Objections to a claim under the Act for their return to a home country. It shouls ask:
(1) Are the objections to return made out? In this connection is the child objecting to being returned to the country of habitual residence, as opposed simply to expressing a preference for staying with the abducting parent?
(2) Has the child reached an age and degree of maturity at which it is appropriate to take account of his views?
(3) In this connection have those views been shaped or coloured by undue influence or pressure directly or indirectly exerted by the abducting parent to an extent which requires such views to be disregarded or discounted?
(4) If, and to the extent that, it is appropriate to take account of the child’s objections, in exercising the Court’s discretion whether or not to order return, what weight should be placed on those objections in the light of any countervailing factors, and in particular the philosophy of the Convention or what have been called the ‘Convention considerations’. These are that both the deterrence of abductors and the welfare interests of children are generally best served by the making of an order for prompt return to the requesting state for consideration of the position by the appropriate home court; they also include comity and respect for the judicial processes of the requesting state, as well as welfare considerations directed to the position of the child in question.

Citations:

[2007] EWCA Civ 260, [2007] 2 FLR 72

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AF v M B-F FD 22-Feb-2008
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 22 November 2022; Ref: scu.253547

Nouvion v Freeman: HL 1889

A judgment of a court of competent jurisdiction may be final and binding, even though a right of appeal to a superior court remains open.
Lord Herschell stated on the question of finality or conclusiveness of a foreign judgment: ‘in order to establish that such a judgment has been pronounced it must be shown that in the court by which it was pronounced it conclusively, finally, and for ever established the existence of the debt of which it is sought to be made conclusive evidence in this country, so as to make it res judicata between the parties. If it is not conclusive in the same court which pronounced it, so that notwithstanding such a judgment the existence of the debt may between the same parties be afterwards contested in that Court, and upon proper proceedings being taken and such contest being adjudicated upon, it may be declared that there existed no obligation to pay the bet at all, then I do not think that a judgment which is of that character can be regarded as finally and conclusively evidencing the debt, as so entitling the person who has obtained the judgment to claim a decree from our Courts for the payment of that debt.’

Judges:

Lord Herschell

Citations:

(1889) 15 AC 1

Jurisdiction:

England and Wales

Cited by:

Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Joint Stock Company (Aeroflot-Russian Airlines) v Berezovsky and Another CA 16-Jan-2014
The appellant had judgments obtained in Russia against the respondent. It now appealed against a refusal of enforcement of those judgments based upon the ground that there was a complete defence to the recognition and enforcement of the judgments . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 20 November 2022; Ref: scu.468881

AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003

AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. AIC argued that their application to register the judgment was a ‘proceeding relating to a commercial transaction’ within section 3(1)(a).
Held: The submissions was rejected: ‘In my judgment, the proceedings resulting from an application to register a judgment under the 1920 Act relate not to the transaction or transactions underlying the original judgment but to that judgment. The issues in such proceedings are concerned essentially with the question whether the original judgment was regular or not.’
Section 9 of the 1978 Act excludes immunity ‘as respects proceedings . . which relate to [an] arbitration’ where the state has entered into a written arbitration agreement. Since most arbitrations relate to commercial transactions, section 9 would be unnecessary if a claim in respect of an arbitration constituted a ‘proceeding relating to the commercial transaction’ to which the arbitration related, for that would fall within 3(1)(a). It would also be illogical to exempt from immunity the enforcement of a judgment in relation to a commercial transaction, but not the enforcement of a judgment in relation to any of the other matters in respect of which the 1978 Act provided exceptions to immunity under sections 3 to 11 of the Act.
It was unsurprising that the defendants were immune from proceedings for the registration of the Nigerian judgment: ‘the underlying principle of the State Immunity Act is that a state is not immune from the jurisdiction of the courts of the United Kingdom if it enters into commercial transactions or undertakes certain activities having some connection with this jurisdiction. Purely domestic activities of a foreign state are not the subject of any exception to immunity. Sections 3(1)(b), 4, 5, 6, 7, 8 and 11 all contain territorial qualifications to the exceptions to immunity to which they relate. Section 3(1)(a) does not include any such qualification, but even there the claimant wishing to bring proceedings must establish a basis for jurisdiction under CPR Part 6.20, normally under paragraphs (5) or (6), relating to contractual claims.’
Lord Denning MR when advancing the restrictive doctrine of state immunity in Rahimtoola v Nizam of Hyderabad [1958] AC 379, 422, in Thai-Europe Tapioca Service Ltd v Government of Pakistan, Directorate of Agricultural Supplies [1975] 1 WLR 1485, 1491 and in Trendtex Trading v Bank of Nigeria [1977] 1 QB 529, 558 had emphasised the significance not merely of the fact that the proceedings related to a commercial transaction, but that the transaction was connected with the United Kingdom.

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 1357 (QB)

Links:

Bailii

Statutes:

Administration of Justice Act 1920 9

Jurisdiction:

England and Wales

Citing:

Cited – Rahimtoola v Nizam of Hyderabad HL 1957
A claim was made against the former High Commissioner for Pakistan personally for money had and received. He established that he had received the money in England in his official capacity as High Commissioner.
Held: Appeal allowed. The . .
Cited – Thai-Europe Tapioca Service Ltd v Government of Pakistan, Directorate of Agricultural Supplies 1975
Lord Denning said: ‘a foreign sovereign has no immunity when it enters into a commercial transaction with a trader here and a dispute arises which is properly within the territorial jurisdiction of our courts. If a foreign government incorporates a . .
Cited – Trendtex Trading Corporation v Central Bank of Nigeria CA 1977
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit.

Cited by:

Cited – Republic of Argentina v NML Capital Ltd CA 4-Feb-2010
The appellant republic appealed against an order allowing the enforcement against it of a judgment obtained in the US by the claimant. There is no treaty between the US and the UK for the mutual recognition and enforcement of judgments, and an . .
Cited – NML 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 . .
Applied – Svenska Petroleum Exploration Ab v Lithuania and Another (No 2) ComC 4-Nov-2005
The court was asked whether a claim to enforce an arbitration award constituted ‘proceedings relating to’ the transaction that gave rise to the award for the purposes of section 3(1)(a).
Held: It did not. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Banking, International

Updated: 19 November 2022; Ref: scu.183563

Gregoire v GP Putnam’s Sons: 1948

(New York Court of Appeals) A book had been placed on sale in 1941, but was still being reprinted and sold in 1946.
Held: The rule in Duke of Brunswick v Harmer was formulated ‘in an era which long antedated the modern process of mass publication’ and was therefore not suited to modern conditions. The limitation period started to run in 1941, when the book was first put on sale. The court pointed out that ‘Under [the rule in Duke of Brunswick v Harmer] the Statute of Limitation would never expire so long as a copy of such book remained in stock and is made by the publisher the subject of a sale or inspection by the public. Such a rule would thwart the purpose of the legislature.’

Citations:

(1948) 81 NE2d 45

Jurisdiction:

England and Wales

Citing:

Outmoded – Duke of Brunswick v Harmer QBD 2-Nov-1849
On 19 September 1830 an article was published in the Weekly Dispatch. The limitation period for libel was six years. The article defamed the Duke of Brunswick. Seventeen years after its publication an agent of the Duke purchased a back number . .

Cited by:

Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.

International, Defamation, Limitation

Updated: 19 November 2022; Ref: scu.317947

Firth v State of New York: 2 Jul 2002

(New York Court of Appeals) A report published at a press conference on 16 December 1996 was placed on the internet the same day. A claim was filed over a year later.
Held: The limitation period started when the report was first uploaded onto the website and did not begin anew each time the website version of the report was accessed by a user: ‘The policies impelling the original adoption of the single publication rule support its application to the posting of . . the report . . on the website . . These policies are even more cogent when considered in connection with the exponential growth of the instantaneous, worldwide ability to communicate through the Internet . . Thus a multiple publication rule would implicate an even greater potential for endless retriggering of the statute of limitations, multiplicity of suits and harassment of defendants. Inevitably, there would be a serious inhibitory effect on the open, pervasive dissemination of information and ideas over the Internet which is, of course, its greatest beneficial promise.’

Citations:

(2002) NY int 88

Links:

Cornell

Jurisdiction:

United States

Cited by:

Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.

International, Defamation, Limitation

Updated: 19 November 2022; Ref: scu.317948

Re M (Children): CA 12 Sep 2007

Citations:

[2007] EWCA Civ 992

Links:

Bailii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction, Child Abduction and Custody Act 1985

Jurisdiction:

England and Wales

Citing:

Appeal from – MM v VM (Also VRM) FD 26-Jul-2007
. .

Cited by:

Appeal from – Re M and another (Children) (Abduction; Rights of Custody) HL 5-Dec-2007
Three children had been brought from Zimbabwe by their mother against the wishes of the father and in breach of his rights there. The mother appealed an order for their return.
Held: The mother’s appeal was allowed. The House had to consider . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 19 November 2022; Ref: scu.261814

New Orleans and Northeastern Railroad Company v Jopes: 1891

(United States Supreme Court) The test of necessity as a defence to an accusation of assault is one of the actual presence of imminent danger and a reasonably apparent necessity of taking such action as was taken: ‘We hold, therefore, that the record shows that the exception to this instruction was duly taken, and pass to a consideration of the principal question, and that is, whether such instruction contains a correct statement of the law applicable. Its import is, that if the conductor shot when there was in fact no actual danger, although, from the manner, attitude and conduct of the plaintiff, the former had reasonable cause to believe, and did believe, that an assault upon him with a deadly weapon was intended, and only fired to protect himself from such apprehended assault, the company was liable for compensatory damages. In this view of the law we think the learned court erred. It will be scarcely doubted that if the conductor was prosecuted criminally, it would be sufficient defence that he honestly believed he was in imminent danger, and had reasonable ground for such belief. In other words, the law of self-defence justifies an act done in honest and reasonable belief of immediate danger. The familiar illustration is, that if one approaches another, pointing a pistol and indicating an intention to shoot, the latter is justified by the rule of self-defence in shooting, even to death; and that such justification is not avoided by proof that the party killed was only intending a joke, and that the pistol in his hand was unloaded. Such a defence does not rest on the actual, but on the apparent facts and the honesty of belief in danger. . . And the same rule of immunity extends to civil as to criminal cases. If the injury was done by the defendant in justifiable self-defence, he can neither be punished criminally nor held responsible for damages in a civil action. Because the act was lawful, he is wholly relieved from responsibility for its consequences.’

Judges:

Justice Brewer

Citations:

(1891) 142 US 18

Jurisdiction:

United States

Cited by:

Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 17 November 2022; Ref: scu.244751

H v S: FD 18 Nov 2011

The court was asked whether for the purposes of English divorce and connected proceedings a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The parties had married in England.
Held: It was to be recognised: ‘I ask what is the purpose and policy of s46(1) and the International Convention to which it gives effect? The answer it seems to me is that it provides a mechanism to afford recognition to a Sharia divorce which is more than and has developed from mere oral delivery so that there can be no issue that it has been pronounced. It is also required to be effective within its own jurisdiction. If that is right, the Saudi process as now performed using the machinery adopted by the husband has produced a divorce religiously valid as certified by a religious Court and further effecting a full change of civil status in the eye of the state and the society in which it was pronounced via the registration mechanism. I find it difficult to classify that result and the process by which it was achieved it as outside the intention and boundaries of our recognition code.’

Judges:

Horowitz QC J

Citations:

[2011] EWHC B23 (Fam)

Links:

Bailii

Statutes:

Matrimonial and Family Proceedings Act 1984 17, Family Law Act 1986 5491) 46(2), 1970 Hague Convention on the Recognition of Divorces and Legal Separation

Jurisdiction:

England and Wales

Citing:

Cited – Zaal v Zaal FD 1982
The English wife had married a Dubai husband under muslim law. H pronounced talaq in Dubai. W, wanting to divorce him for adultery, said it was ineffective since she had not had notice of it.
Held: The Talaq was effective under Dubai law, and . .
Cited – Chaudhary v Chaudhary 1985
The Pakistani husband pronounced bare Talaq in Sharia form before witnesses in Kashmir, although administered by Pakistan a territory to which the Muslim Family Ordinance 1961 did not apply. Recognition of the Talaq divorce had been refused by Wood . .
Cited – Sulaiman v Juffali FD 9-Nov-2001
A talaq pronounced in England as between parties who were Saudi nationals was not to be recognised in English law as a valid extra judicial overseas divorce, even though it otherwise complied with Sharia law. Section 44(1)(a) provides that no . .
Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Cited – Quazi v Quazi HL 1979
The husband had pronounced a talaq in Pakistan, in accordance with the 1961 Muslim Family Ordinance. The question was whether the English court had jurisdiction on the wife’s petition to dissolve the marriage and make consequential orders relating . .
Cited – H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce) FD 2006
The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a . .
Cited – El Fadl v El Fadl FD 2000
The court was asked as to the recognition of a Sharia compliant divorce between Lebanese Muslims. Under the relevant Lebanese 1962 legislation a Talaq was to be pronounced before 2 witnesses, a requirement of most systems of traditional Islamic . .
Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 14 November 2022; Ref: scu.450357

Higginbotham v Mobil Oil Corporation Long: 7 Mar 1977

(United States Court of Appeals, Fifth Circuit) The court considered the application of the doctrine of res ipsa loquitur in an action for damages after a helicopter crash where there was no clear explanation for the crash.
Held: d’Auvergne J said: ‘Major improvements in design and manufacturing technology, in pilot training and in ground control, communications, and navigational aids, among other things, have combined to give air travel an estimable safety record . . Logic, experience and precedent compel us to reject the argument that airplane crashes ordinarily occur in the absence of default by someone connected with the design, manufacture, or operation of the craft’.

Judges:

d’Auvergne J

Citations:

[1977] USCA5 438, [1977] 545 F 2d 422

Links:

Worldlii

Jurisdiction:

United States

Cited by:

Cited – George v Eagle Air Services Ltd PC 12-May-2009
(Saint Lucia) The claimant sought damages after an aircrash. There was no obvious failure or explanation of the cause of the crash.
Held: The claimant could rely on the doctrine of res ipsa loquitur to transfer the burden to the defendant. . .
Lists of cited by and citing cases may be incomplete.

International, Negligence, Transport

Updated: 14 November 2022; Ref: scu.346205

Jayaretnam v Mahood and Others: 21 May 1992

The court set aside an order which had granted leave to serve libel proceedings outside the jurisdiction on the ground that the court was precluded by principles of judicial restraint from embarking on an enquiry into the plaintiff’s grounds for fearing that he would not receive justice in Singapore. Such an order would be a potential embarrassment for this country’s foreign relations with Singapore.

Judges:

Brooke J

Citations:

Times 21-May-1992

Jurisdiction:

England and Wales

Cited by:

Cited – Korea 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 . .
Lists of cited by and citing cases may be incomplete.

Defamation, International

Updated: 14 November 2022; Ref: scu.316672

Kirin Amgen Inc v Boehringer Mannheim GmbH: 1997

Citations:

[1997] FSR 28

Jurisdiction:

England and Wales

Cited by:

Cited – Specialist Group International Ltd v Deakin and Another CA 23-May-2001
Law upon res judicata – action estoppel and issue estoppel and the underlying policy interest whereby there is finality in litigation and litigants are not vexed twice on the same matter.
(May LJ) ‘the authorities taken as a whole tend to . .
Lists of cited by and citing cases may be incomplete.

Estoppel, International

Updated: 14 November 2022; Ref: scu.330947

Baghlaf Al Safer Factory Co Br for Industry Ltd v Pakistan National Shipping Company and Another: CA 17 Dec 1997

An exclusive jurisdiction clause in contract remained effective though time barred in other country; jurisdiction declined on waiver of bar. A party with choice of jurisdictions suing here is only to be forced to change the forum after the time limit abroad has expired if the other party waives that time limit.

Citations:

Gazette 14-Jan-1998, Times 17-Dec-1997, [1997] EWCA Civ 2955

Jurisdiction:

England and Wales

Transport, International

Updated: 13 November 2022; Ref: scu.78073

Bank Mellat v Council Of The European Union, European Commission: ECFI 29 Jan 2013

ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Manifest error of assessment

Judges:

I. Pelikanova R

Citations:

T-496/10, [2013] EUECJ T-496/10

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 13 November 2022; Ref: scu.470643

In re J (Children): CA 7 Nov 2012

The father sought the return to Spain of the family’s four children, the judge had ordered their return, but the mother absconded with them to Wales. They were found and two returned, but after a scene at the airport tow stayed. The mother now appealed against the order for all four children to return to Spain.
Held: The appeal faced an insuperable difficulty namely that none of the facts said to constitute grounds were fresh evidence. The order had been made in a correct fashion and had been within the court’s discretion on the facts presented. Furthermore there had been proceedings in Spain where both parties were present where findings had been made as to welfare issues, and ‘The whole purpose of the Hague application is to achieve the summary return of children wrongfully removed or retained in order to enable the court of the children’s habitual residence to take any welfare decisions arising out of parental conflict. That has now been achieved in Spain. Accordingly it seems to me that the role of this court is much diminished. ‘

Judges:

Thorpe, Elias, Black LJJ

Citations:

[2012] EWCA Civ 1511

Links:

Bailii

Statutes:

Child Abduction and Custody Act 1985

Jurisdiction:

England and Wales

Children, International

Updated: 13 November 2022; Ref: scu.470116

Joint Stock Company (Aeroflot – Russian Airlines) v Berezovsky and Another: ChD 30 Oct 2012

Action to enforce a money judgment or judgments of the Russian courts holding the two defendants, Boris Berezovsky and Nikolay Glushkov, liable to compensate the claimant, Aeroflot, for fraud perpetrated upon it.

Citations:

[2012] EWHC 3017 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, International

Updated: 12 November 2022; Ref: scu.467114

Tyburn Productions Ltd v Conan Doyle: ChD 1990

The rule in ‘British South Africa’ extends also to intellectual property. The court was asked whether, many years after the death of Sir Arthur Conan Doyle, there still existed copyrights or other intellectual property rights under the laws of the United States, or under state laws, which could be asserted to prevent the distribution of a film about Sherlock Holmes in that country.
Held: The issue was not justiciable in England and that, in any event, the proceedings were pointless since there was nothing to show that the courts in America would pay any attention to the result of the English case supposing it had been allowed to go ahead.

Judges:

Vinelott J

Citations:

[1991] Ch 75, [1990] 1 All ER 909, [1990] 3 WLR 167, (1990) 19 IPR 455

Jurisdiction:

England and Wales

Citing:

Cited – British South Africa Company v Companhia de Mocambique HL 8-Sep-1893
Two companies, one Portuguese, the other British and controlled by Cecil Rhodes, were in dispute about a large territory called Manica. The Portuguese company complained that they owned lands and mineral rights in Manica yet the British company had . .

Cited by:

Cited – R Griggs Group Ltd and others v Evans and others (No 2) ChD 12-May-2004
A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant . .
Overruled – Lucasfilm 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, International

Updated: 11 November 2022; Ref: scu.199471

Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020

This appeal raises two closely related questions of law: whether purported execution of a foreign judgment registered in the High Court pursuant to the terms of the Lugano Convention can be execution issued in respect of the judgment debt, for the purposes of section 268(1)(b) of the Insolvency Act 1986, if the execution occurred before the period for appealing the registration of the judgment has expired and, if not, whether the defect can be cured.

Judges:

Lady Justice Asplin

Citations:

[2020] EWCA Civ 480

Links:

Bailii

Statutes:

Insolvency Act 1986 268(1)

Jurisdiction:

England and Wales

Insolvency, International

Updated: 10 November 2022; Ref: scu.649503

Crown Prosecution Service and Another v Gohil: CA 26 Nov 2012

The CPS had obtained evidence through letters of request. Mr and Mrs Gohil had previously divorced and reached a financial settlement. The evidence apparently disclosed further substantial assets which W said had not been disclosed in the settlement negotiations. She now sought to use the new information to use he re-opening of the ancillary relief proceedings.
Held: Information obtained for the purposes of criminal proceedings through letters of request could not be used for additional purposes.
Held: The decision in the BOC case was wrong and that the court was not bound by it. It also concluded that the fact that material obtained under the 2003 Act had been adduced in open court in a criminal trial did not render it admissible in proceedings not identified in the requests.

Judges:

Lord Dyson MR, Hallett, McFarlane LJJ

Citations:

[2012] EWCA Civ 1550, [2013] Lloyd’s Rep FC 115, [2013] 2 WLR 1123, [2013] Fam 276, [2013] Fam Law 389, [2013] 1 FCR 371, [2012] WLR(D) 351, [2013] 1 FLR 1095, [2013] 1 FAM 276

Links:

Bailii, WLRD

Statutes:

Crime (International Co-operation) Act 2003

Jurisdiction:

England and Wales

Citing:

See Also – Gohil v Gohil FD 25-Sep-2012
The parties had divorced and financial relief settled. W now applied to have the order set aside on the grounds of alleged serious material non-disclosure, fraud and misrepresentation by the husband. W had attended his later trial and obtained much . .

Cited by:

Cited – Tchenguiz v Director of The Serious Fraud Office and Others CA 31-Oct-2014
The appellant challenged an order of the Commercial Court refusing permission for documents disclosed in English litigation to be used in litigation proceedings in Guernsey. The principal issue is whether the judge correctly weighed up the . .
See Also – Gohil v Gohil (No 2) CA 13-Mar-2014
The parties had agreed financial provision on their divorce, but W subsequently discovered what she said was material non-disclosure by H. The court was now asked whether a court of first instance had jurisdiction to set aside a final financial . .
See Also – Gohil v Gohil SC 14-Oct-2015
The Court was asked ‘Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouse’s . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 09 November 2022; Ref: scu.466289

D’Autremont v Fire Association of Philadelphia: 1892

(USA) The insured was insane when he started a fire. The insurance company refused to pay.
Held: The claim succeeded. Macomber J said: ‘In actions upon policies to cover damages occasioned by loss through fire, it is not a defence which the insurance company may avail itself of to show that the loss was caused by the carelessness, negligence, or want of care of the insured, or any of his agents or servants. The insurance company, in order to establish such a defence, must go further and show that the act was so grossly negligent as to indicate an intention to commit a fraud on the rights of the insurer . . I am unable to see that an insane person can form a fraudulent or wrongful design in the destruction of his own property, so as to defeat a policy of insurance thereon, any more than I can see that he could form a criminal intent in the commission of crime.’

Judges:

Macomber J

Citations:

65 Hun 475 (1892)

Jurisdiction:

United States

Cited by:

Cited – Porter v Zurich Insurance Company QBD 5-Mar-2009
The claimant insured his house with the defendants. Severely depressed, drunk and delusional, he set fire to it and now claimed after refusal to pay out. He said that he was not acting as a free agent.
Held: A claimant who seeks to recover . .
Lists of cited by and citing cases may be incomplete.

Insurance, International

Updated: 09 November 2022; Ref: scu.322731

First National City Bank v Banco Nacional de Cuba: 7 Jun 1972

(United States Supreme Court) The court worried about just how much confusion can result from executive encroachment on issues of justiciability and that executive interference would lead to arbitrary results as ‘the Court becomes a mere errand boy for the Executive Branch which may choose to pick some people’s chestnuts from the fire, but not others” (Douglas J). ‘I would be uncomfortable with a doctrine which would require the judiciary to receive the Executive’s permission before invoking its jurisdiction . Such a notion, in the name of the doctrine of separation of powers, seems to me to conflict with that very doctrine.’ (Powell J)

Citations:

(1972) 406 US 759, [1972] USSC 189, [1972] 92 SCt 1808

Links:

Worldlii

Jurisdiction:

England and Wales

Cited by:

Cited – Korea 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 . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 09 November 2022; Ref: scu.316670

Agnew and others v Lansforsakringsbolagens: CA 31 Jul 1997

Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.
Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the obligation in question’ ought not to be considered in isolation from the remaining words in Article 5(1), any more, that Article 5 should be interpreted without regard to the fact that it creates a special exception to the general rule of domiciliary jurisdiction in Article 2.’

Judges:

Hobhouse and Schiemann LJJ, Evans LJ

Citations:

[1997] EWCA Civ 2253, [1997] 4 All ER 937

Statutes:

Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988

Jurisdiction:

England and Wales

Cited by:

Appeal from – Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B HL 17-Feb-2000
An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the . .
Lists of cited by and citing cases may be incomplete.

Insurance, International

Updated: 09 November 2022; Ref: scu.142650

Kuwait Oil Tanker Company S A K ; Sitka Shipping Incorporated v Al Bader; Qabazard and Stafford: CA 24 Mar 1997

Judges:

Staughton, Waite, Aldous LJJ

Citations:

[1997] EWCA Civ 1318, [1997] 1 WLR 1410, [1997] 2 All ER 855, (1997) 141 SJLB 140, Times 01-Apr-1997

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Confirmed on Appeal to – Kuwait Oil Tanker Co SAK and Another v Al Bader and Others (No 2) ComC 19-Dec-1995
ComC Leave to serve writ outside jurisdiction under RSC Ord 11 r1(1)(c) – whether required to serve on another defendant before leave obtained – retrospective validation . .
See Also – Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others CA 28-May-1999
The defendants having been found to have acted dishonestly to the tune of pounds 130,000,000 sought a stay of execution pending an appeal. The judge had found that the appeal was arguable. . .
See Also – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
See Also – Kuwait Oil Tanker Company Sak and Another v Al Bader and others ComC 17-Oct-2008
The claimants had succeeded in an action based on fraud, and now sought to enforce their judgment. . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 06 November 2022; Ref: scu.141714

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, ‘functionaries’) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.’ The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.

Citations:

Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611

Statutes:

State Immunity Act 1978 14(1)

Jurisdiction:

England and Wales

Citing:

At QBD – Regina 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 . .

Cited by:

Cited – Jones 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 . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Belhaj 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.

Administrative, International

Updated: 06 November 2022; Ref: scu.85060

United States of America v Nolan: ECJ 22 Mar 2012

ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation to consult arises

Judges:

Mengozzi AG

Citations:

C-583/10, [2012] EUECJ C-583/10

Links:

Bailii

Statutes:

Directive 98/59/EC

Jurisdiction:

European

Citing:

At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
At CA (1) – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At SC – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .

Cited by:

Opinion – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 05 November 2022; Ref: scu.465003

La Caisse Regional Du Credit v Ashdown: CA 15 May 2007

Application was made to register two judgments obtained in France. They were registered without a hearing, in standard practise. The defendant said as to one judgment that it had not been mentioned in the application and was thus not a judgment that should have been registered, and as to the other that the judgment was not ‘enforceable’ against him in France and therefore should not have been registered.

Citations:

[2007] EWCA Civ 574

Links:

Bailii

Statutes:

Civil Jurisdiction and Judgments Act 1982

Jurisdiction:

England and Wales

International

Updated: 05 November 2022; Ref: scu.254566

SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012

The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, arrangements were put in place to begin to pay the respondent’s creditors, and debt assignments were undertaken by the respondent’s liquidators. The new Iraq government obtained orders for the repayment of sums due, and the appellant sought to obtain a third party debt order. The Iraqi government claimed exemption under the 1978 Act, certifying as required, and the court was now asked as to the true construction of the expression ‘property which is for the time being in use or intended for use for commercial purposes’ in section 13(4) of the 1978 Act, and whether, in these summary proceedings, the appellant had any prospect of rebutting the presumption raised by the respondent’s certificate. The appellants stated that the underlying transaction had been eminently a purely commercial one.
Held: The appeal failed. Whether property falls within the definition ‘for the time being in use or intended for use for commercial purposes’ within section 13(4) of the 1978 Act does not depend on whether has had that characteristic in the past.
Servaas had been unable to show any intended commercial use for the fund.

Judges:

Lord Phillips, President, Lady Hale, Lord Clarke, Lord Sumption, Lord Reed

Citations:

[2012] UKSC 40, [2012] 3 WLR 545, [2012] WLR(D) 257, UKSC 2011/0247

Links:

Bailii, Bailii SC, SC Summary, SC

Statutes:

State Immunity Act 1978 13(4)

Jurisdiction:

England and Wales

Citing:

At Administrative Court – Servaas Inc v Rafidain Bank and Others ChD 14-Dec-2010
Application for third party debt order. . .
At Commercial Court – Servaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The . .
Appeal from – Servaas Incorporated v Rafidain Bank and Others CA 3-Nov-2011
A commercial debt due to the claimant from the former Iraqi government, and for which judgment had been obtained in France, had been bought from receivers by the new Iraqi Development fund. The appellants sought to secure their judgment in full by a . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
Cited – AIC Ltd v Federal Government of Nigeria QBD 13-Jun-2003
The court was asked: ‘i. whether a judgment against a State may be registered under section 9 of the Administration of Justice Act 1920 and enforced in this country; and
ii. whether moneys in a bank account of a central bank that is a separate . .
Cited – AIG Capital Partners Inc and Another v Kazakhstan ComC 20-Oct-2005
Aitkens J said as to the United Nations Convention on Jurisdictional Immunities of States and Their Property that it though not in force, and not ratified by the United Kingdom: ‘its existence and adoption by the UN after the long and careful work . .
Cited – Orascom Telecom Holding SAE v Republic of Chad and others Comc 28-Jul-2008
Final application for a third party debt order. . .
Cited – Connecticut Bank of Commerce v Republic of Congo 29-Aug-2002
(United States Court of Appeals, Fifth Circuit) Connecticut Bank had acquired the rights to a valid London judgment against the Congo for defaulting on a loan agreement. It obtained a default judgment in New York in relation to the London judgment . .
Cited – FG Hemisphere Associates LLC v Democratic Republic of Congo 10-Feb-2010
Hong Kong Court of Appeal . .
Lists of cited by and citing cases may be incomplete.

International, Commercial

Updated: 04 November 2022; Ref: scu.463743

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they would be put on trial before a military commission in violation of their rights under articles 3, 5 and 6 of ECHR. By Diplomatic Notes, the government of the US had given assurances that upon extradition they would be prosecuted before a federal court with the full panoply of rights and protection that would be provided to any defendant facing similar charges.
Held: There was to be a fundamental assumption that the requesting state was acting in good faith when giving assurances in Diplomatic Notes. The assurances in the notes were given by a mature democracy. The United States was a state with which the United Kingdom had entered into five substantial treaties on extradition over a period of more than 150 years. Over this period there was no instance of any assurance having been dishonoured.

Citations:

[2007] ECHR 674, 24027/07

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

See Also – Ahmad and Aswat v United Kingdom ECHR 10-Jun-2007
(Statement of Facts) The applicants resisted extradition from the respondent country to the USA to face allegations of terrorist related crime. . .
At Court of Appeal – Ahmad and Aswat v United States of America Admn 30-Nov-2006
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission.
Held: The appeals failed. The court had diplomatic . .

Cited by:

See Also – Ahmad and Aswat v United Kingdom ECHR 6-Jul-2010
It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be . .
See Also – Babar Ahmad And Aswat v United Kingdom ECHR 10-Apr-2012
The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms.
Held: Detention conditions and length of sentences of five alleged . .
Lists of cited by and citing cases may be incomplete.

Human Rights, International

Updated: 04 November 2022; Ref: scu.463498

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012

Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a Member State by the embassy of a non-member country – Notion of agency, branch or other establishment within the meaning of Regulation (EC) No 44/2001 – Jurisdiction clause inserted in an individual contract of employment upon its conclusion – Compatibility of such a clause with Regulation No 44/2001

Citations:

C-154/11, [2012] EUECJ C-154/11 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters) ECJ 19-Jul-2012
Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Contract with an embassy of a third State – Immunity of the employing State – Concept of branch, agency or other . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 04 November 2022; Ref: scu.463203

Sharab v Salfiti: CA 12 Dec 1996

No amendment was to be allowed to a claim introducing an allegation of a foreign criminal offence. The claim in contract failed for insufficient certainty or on some other ground, but a claim nonetheless succeeded as a quantum meruit.

Citations:

Times 13-Feb-1997, [1996] EWCA Civ 1189

Jurisdiction:

England and Wales

Cited by:

Cited – Hunt and Another v McLaren and others ChD 4-Oct-2006
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . .
Lists of cited by and citing cases may be incomplete.

International, Contract

Updated: 04 November 2022; Ref: scu.89194

Roberts v The Soldiers, Sailors, Airmen and Families Association and Another: CA 17 Jul 2020

Whether the 1978 Act has extraterritorial effect.

Judges:

Lord Justice David Richards
Lord Justice Irwin
And
Lord Justice Phillips

Citations:

[2020] EWCA Civ 926, [2021] 2 WLR 87, [2021] 2 All ER (Comm) 497, [2020] PIQR P20, [2021] 2 All ER 449, [2020] WLR(D) 422, [2021] QB 859

Links:

Bailii, WLRD

Statutes:

Civil Liability (Contribution) Act 1978

Jurisdiction:

England and Wales

Cited by:

At CA – The Soldiers, Sailors, Airmen and Families Association – Forces Help and Another v Allgemeines Krankenhaus Viersen Gmbh SC 2-Nov-2022
Question as to the effect of the Civil Liability (Contribution) Act 1978, namely whether it has mandatory or overriding effect (‘overriding effect’) so that it applies to all contribution claims brought in England and Wales, or whether it applies . .
Lists of cited by and citing cases may be incomplete.

Negligence, International

Updated: 04 November 2022; Ref: scu.652576

Souruh v Council (Judgment): ECJ 1 Oct 2020

Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against certain persons and entities carrying on their activities in Syria – List of persons and entities to which the freezing of funds applies and economic resources – Inclusion of the applicant’s name – Action for annulment

Citations:

C-350/19, [2020] EUECJ C-350/19P, ECLI:EU:C:2020:784

Links:

Bailii

Jurisdiction:

European

Administrative, International

Updated: 01 November 2022; Ref: scu.660620

Klentzeris v Klentzeris: CA 10 May 2007

In the exercise of a discretion under the Hague Convention in a child’s objections case, an additional test or requirement of ‘exceptionality’ is appropriate when the Court comes to weigh the policy considerations underlying the Convention against the general welfare considerations affecting the child in the individual case.

Citations:

[2007] EWCA Civ 533, [2007] 2 FLR 996

Links:

Bailii

Statutes:

Child Abduction and Custody Act 1985

Jurisdiction:

England and Wales

Cited by:

Cited – AF v M B-F FD 22-Feb-2008
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 31 October 2022; Ref: scu.253434

Integral Petroleum SA v ScuFinanz Ag: CA 26 Feb 2015

Conflict of laws in the context of an oil trading agreement.

Judges:

Jackson, Kitchin, Floyd LJJ

Citations:

[2015] EWCA Civ 144, [2015] 1 Lloyd’s Rep 545, [2015] Bus LR 640, [2015] WLR(D) 97

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Integral Petroleum SA v SCU-Finanz Ag ComC 14-Mar-2014
Application to set aside judgment entered in default. . .
Lists of cited by and citing cases may be incomplete.

Contract, International

Updated: 31 October 2022; Ref: scu.543489

Milor SRL and Others v British Airways Plc: CA 15 Feb 1996

The Warsaw Convention allows ‘forum shopping’, and the doctrine of forum non conveniens applies. Article 28(1) specifies the jurisdictions in which claims under the Convention may be brought. If the English Court is one of those jurisdictions, then our procedural rules which permit an action to be stayed in favour of another jurisdiction on grounds of convenience should not be applied in favour of another competent jurisdiction.
Phillips LJ said: ‘by way of example, if the procedural law of the chosen forum imposed a 12 month limitation period, it does not seem to me that this could displace the two year period of limitation laid down by article 29 of the Convention’.

Judges:

Phillips LJ

Citations:

Times 15-Feb-1996, [1996] QB 702

Statutes:

Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929

Jurisdiction:

England and Wales

Cited by:

Cited – GKN Westland Helicopters Ltd and Another v Korean Air Lines Co Ltd; Press Tech Controls Ltd v Same ComC 19-May-2003
The sum accepted as a payment in, in an air carriage case was capable of being the ‘amount of damages’ awarded under the convention. That it exceeded the amount offered in settlement negotiations meant that the rights to costs under article 22.4 . .
Cited – Laroche v Spirit of Adventure (UK) Ltd CA 21-Jan-2009
Hot Air balloon was an aircraft: damages limited
The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an . .
Lists of cited by and citing cases may be incomplete.

International, Jurisdiction, Transport

Updated: 27 October 2022; Ref: scu.83735

Grupo Gigante SA De CV v Dallo and Co Inc: 15 Dec 2004

(United States Court of Appeals, Ninth Circuit) ‘priority of trademark rights in the United States depends solely upon priority of use in the United States, not on priority of use anywhere in the world. Earlier use in another country usually just does not count’

Judges:

Kleinfeld and Graber, Circuit Judges, and COLLINS, District Judge

Citations:

(2004) 391 F3d 1088, [2004] USCA9 814

Links:

Worldlii

Jurisdiction:

United States

Cited by:

Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.

International, Intellectual Property

Updated: 25 October 2022; Ref: scu.566021

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The respondent had broken its rule 39 obligation to the court by transferring the claimants to the Iraqi authorities. No undertaking had been received from Iraq that the death penalty would not be imposed.
The death penalty could now be considered inhuman and degrading, and contrary to article 3 of the Convention. Undergoing a procedure which might lead to such an end also gave rise to a significant degree of mental suffering. The respondent had made no significant effort to secure the claimants’ human rights before transferring them.
‘The court takes as its starting point the nature of the right not to be subjected to the death penalty. Judicial execution involves the deliberate and premeditated destruction of a human being by the state authorities. Whatever the method of execution, the extinction of life involves some physical pain. In addition, the foreknowledge of death at the hands of the state must inevitably give rise to intense psychological suffering. The fact that the imposition and use of the death penalty negates fundamental human rights has been recognised by the member states of the Council of Europe. In the preamble to Protocol No 13 the Contracting States describe themselves as ‘convinced that everyone’s right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings’.’

Judges:

L Garlicki, President, and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic; J. Sikuta, M. Poalelungi and N. Vucinic

Citations:

27021/08, [2009] ECHR 409, (2010) 51 EHRR 9

Links:

Bailii, Times

Statutes:

European Convention on Human Rights 3

Jurisdiction:

Human Rights

Citing:

At High Court – Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence Admn 29-Aug-2008
The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. . .
At High Court – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the . .
At Court of Appeal – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence CA 22-Dec-2008
. .
Appeal from – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence CA 21-Jan-2009
The claimants had been detained on the request of the Iraqi criminal court in a detention facility run by the UK armed forces. They complained of their proposed transfer to an Iraqi facility in anticipation of facing trial for murder, for which if . .

Cited by:

Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
Cited – Al-Saadoon and Others v Secretary of State for Defence Admn 17-Mar-2015
Leggatt J explained the idea of enforced disappearance: ‘a concept recognised in international law and . . a practice which is internationally condemned. It involves detention outside the protection of the law where there is a refusal by the state . .
Cited – Al-Saadoon and Others v Secretary of State for Defence Admn 26-Jun-2015
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European . .
Cited – Al-Saadoon and Others v Secretary of State for Defence Admn 7-Apr-2016
The court considered the extent of the state’s obligations to investigate allegations of unlawful killing and ill-treatment of civilians by British soldiers in Iraq between 2003 and 2009. It follows a hearing to consider three issues: i) Whether the . .
See Also – Al-Saadoon and Others v The Secretary of State for Defence and Others CA 9-Sep-2016
. .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights, International, Criminal Sentencing

Updated: 24 October 2022; Ref: scu.316647

Golubovich v Golubovich: CA 13 Jul 2010

The issue raised by this appeal is the recognition of a decree of divorce pronounced by a competent foreign jurisdiction. The refusal to recognise such a decree is controlled by statutory provisions contained in Section 53 of the Family Law Act 1986. More specifically in this appeal we consider the refusal of recognition on the grounds of public policy under Section 53 (l)(c). Ultimately we must consider whether Singer J mis-directed himself, or alternatively was plainly wrong to refuse recognition of the divorce pronounced by the Court of First Instance in Moscow on 25th December 2009 on the grounds that recognition clearly offended our public policy.

Judges:

Lord Neuberger of Abbotsbury MR, Thorpe, Etherton LJJ

Citations:

[2010] EWCA Civ 810, [2010] WLR (D) 188, [2011] 1 Fam 88, [2010] 3 WLR 1607, [2010] 3 FCR 112, [2011] Fam 88

Links:

Bailii

Statutes:

Family Law Act 1986 53

Jurisdiction:

England and Wales

Family, International

Updated: 23 October 2022; Ref: scu.421101

Othman (Abu Qatada) v The United Kingdom: ECHR 9 May 2012

(Press Release) Diplomatic assurances will protect Abu Qatada from torture but he cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him.

Citations:

8139/09 (Press release), [2012] ECHR 817

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Omar Othman v The United Kingdom ECHR 26-May-2009
Statement of Facts. The applicant resisted deportation to Jordan to face trial on on terrorism related charges, saying that there was a real risk that the evidence to be presented against him would include evidence obtained by torture. . .
Judgment – Omar 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 . .
SIAC Bail Application – Othman v Secretary of State for The Home Department SIAC 6-Feb-2012
Application for bail. . .

Cited by:

ECHR PR – Othman v Secretary of State for The Home Department SIAC 28-May-2012
SIAC (Deportation – Bail Application – Refused) The applicant was held in immigration detention pending a proposed deportation to his native Jordan to face retrial on terrorist charges. Having resisted his . .
ECHR PR – Othman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others Admn 9-Aug-2012
The court gave its reasons for refusing the claimant’s applications for habeas corpus and permission to seek judicial review of his detention. He was detained pending deportation to Jordan. He resisted saying that if retried in Jordan, the evidence . .
ECHR PR – Othman (Abu Qatada) v Secretary of State for The Home Department SIAC 12-Nov-2012
The applicant challenged his proposed deportation to Jordan to face perrorism related charges. He said that there was a real risk that the evidence used against him would have been obtained by torture.
Held: His appeal was allowed . .
Lists of cited by and citing cases may be incomplete.

Human Rights, International

Updated: 22 October 2022; Ref: scu.457743

Saleh Thabet and Others v Council: ECJ 3 Dec 2020

Appeal – Restrictive measures adopted in view of the situation in Egypt – Freezing of funds and economic resources – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicants’ names – Decision of an authority of a third State – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection – Obligation to state reasons

Citations:

ECLI:EU:C:2020:992, C-72/19, [2020] EUECJ C-72/19P

Links:

Bailii

Jurisdiction:

European

International, Banking

Updated: 22 October 2022; Ref: scu.660751

Iraqi Civilians v Ministry of Defence: QBD 7 Nov 2014

Over 600 Iraqi civilians brought actions in tort allegaing abuse by British armed forces during the period when British forces were present in Iraq. Directions were now addressed for settement of limitation issues.

Judges:

Leggatt J

Citations:

[2014] EWHC 3686 (QB), [2014] WLR(D) 496

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Torts – Other, International, Limitation

Updated: 22 October 2022; Ref: scu.538344

Starlight Shipping Co and Another v Tai Ping Insurance Co Ltd., Hubei Branch and Another: ComC 1 Aug 2007

In an application for an interim anti-suit injunction, Cooke J said: ‘Damages would, for all the reasons given in the authorities, be an inadequate remedy for breach of such a clause since its very nature requires the parties to have their disputes determined in arbitration. A party to such an agreement should not be put to the trouble of having disputes determined elsewhere in a manner contrary to the express contract between the parties.’

Judges:

Cooke J

Citations:

[2007] EWHC 1893 (Comm), [2008] 1 Lloyd’s Rep 230

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – ETI Euro Telecom International Nv v Republic of Bolivia and Another CA 28-Jul-2008
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did . .
Cited – Sheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 21 October 2022; Ref: scu.258492

Bank Refah Kargaran v Council (Appeal – Action for Damages – Restrictive Measures Taken against Iran – Opinion): ECJ 28 May 2020

(Opinion) Appeal – Action for damages – Restrictive measures taken against Iran – Article 29 TEU – Article 215 TFEU – Jurisdiction of the Court to hear an action seeking compensation – Compensation for the damage allegedly suffered by the applicant as a result of the inclusion of its name in various lists of restrictive measures – Possibility of obtaining compensation for a breach of the obligation to state reasons

Citations:

C-134/19, [2020] EUECJ C-134/19P_O, ECLI:EU:C:2020:396, [2020] EUECJ C-134/19P

Links:

Bailii, Bailii

Jurisdiction:

European

Banking, International

Updated: 20 October 2022; Ref: scu.660172

Case Concerning United States Diplomatic and Consular Staff in Tehran: ICJ 24 May 1980

The International Court of Justice said that ‘wrongfully to deprive human beings of their freedom and to subject them to physical constraint in conditions of hardship is in itself manifestly incompatible with the principles of the Charter of the United Nations.’

Citations:

General List, No 64

Cited by:

Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 17 October 2022; Ref: scu.241307

Sarrio Sa v Kuwait Investment Authority: HL 17 Nov 1997

The parties were spanish companies. They were involved in proceedings against each other in Spain. The respondent had begun an action here for negligent misrepresentation against the appellant. The appellant argued that given the Spanish proceedings, the English court did not have jurisdiction because of article 22.
Held: If the actions were related then the Spanish courts were first seised and had exclusive jurisdiction. The decision as to whether actions are related to each other, is based upon broad common sense, and not on any distinction between essential and non-essential issues.

Judges:

Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde, Lord Saville

Citations:

Times 17-Nov-1997, [1997] UKHL 49, [1999] AC 32, [1997] 4 All ER 929, [1997] 3 WLR 1143, [1998] 1 Lloyd’s Rep 129, [1998] Lloyd’s Rep Bank 57, [1997] CLC 1640, [1998] ILPr 319, Independent 19-Nov-1997

Links:

House of Lords, Bailii

Statutes:

Brussels Convention 1968 Art 22, Civil Jurisdiction and Judgments Act of 1982 22

Jurisdiction:

England and Wales

Citing:

Appeal from – Sarrio SA v Kuwait Investment Authority CA 12-Aug-1996
. .
Cited – The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’ ECJ 6-Dec-1994
ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another . .
At First Instance – Sarrio SA v Kuwait Investment Authority ComC 12-Oct-1995
cw Conflict of laws – Brussels Convention – articles 21-22 – right to invoke – independent of domicile – forum conveniens – defendant domiciled in non-Contracting State – exclusion of common law rules – same . .

Cited by:

Cited – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
Cited – In re The Alexandros T SC 6-Nov-2013
The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began . .
Lists of cited by and citing cases may be incomplete.

International, Jurisdiction

Updated: 17 October 2022; Ref: scu.89014

Hassan v Council: ECFI 23 Apr 2012

ECFI (Order) (French Text) Interim measures – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Application for interim measures – New Application – Developments – None – Inadmissibility

Citations:

T-572/11, [2012] EUECJ T-572/11 – O, [2014] EUECJ T-572/11

Links:

Bailii, Bailii

European, International

Updated: 07 October 2022; Ref: scu.453046

Bank Refah Kargaran v Council Of The European Union: ECFI 6 Sep 2013

Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to effective judicial protection

Citations:

T-24/11, [2013] EUECJ T-24/11

Links:

Bailii

Jurisdiction:

European

International

Updated: 04 October 2022; Ref: scu.515161