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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














International - From: 2004 To: 2004

This page lists 14 cases, and was prepared on 08 August 2015.

 
Netbank -v- Commercial Money Center [2004] Bda LR 46
2004

Kawaley J
International, Litigation Practice
(Supreme Court of Bermuda) Before the court was an issue as to the enforcement of a letter of request from Ohio for oral evidence to be taken from employees in Bermuda of an insurance company. The island's Evidence Act 1905 had provisions identical to those in the English Act of 1975. Held: "Typically, perhaps, oral examination relates almost exclusively to the requested documents, so, if the documents are not properly sought, oral examination falls away." Since the request was only for oral evidence chose to adopt the approach commended in Zayed, he held that he had a discretion, which he proceeded to exercise.
1 Cites

1 Citers


 
Crawford -v- Washington (2004) 541 US 36
2004

Scalia J
International, Criminal Practice
(US Supreme Court) The Court examined the historical background to the Sixth Amendment. Held: The principal evil against which it was directed "was the civil-law mode of criminal procedure, and particularly its use of ex parte examinations as evidence against the accused." Hence it was aimed at an accuser who made a formal statement to government officers.
1 Citers


 
Enron Corporation -v- The Argentine Republic ARB/01/3
14 Jan 2004
ICSID

International, Arbitration
The Barcelona Traction case "has been held not to be controlling in investment claims such as the present, as it deals with the separate question of diplomatic protection in a particular setting" and that: "what the State of nationality of the investor might argue in a given case to which it is a party cannot be held against the rights of the investor in a separate case to which the investor is party. This is precisely the merit of the ICSID Convention in that it overcame the deficiencies of diplomatic protection where the investor was subject to whatever political or legal determination the State of nationality would make in respect of its claim".
1 Cites

1 Citers

[ ICSID ]
 
Government of India -v- Quattrocchi Times, 28 January 2004
20 Jan 2004
CA
Lord Philips of Worth Matravers, NT, Buxton, Keene LJJ
Criminal Practice, International
The defendant faced trial in India. The prosecutor obtained an order here restraining disposal of assets here pending the outcome of the criminal trial. Held: Where the conditions were met, an order could properly be made. The defendant, having been accused of fraud, had transferred £3 million to a bank in England. Proceedings had been instituted and by a designated country. A confiscation would be available to the court in India, and a restraint order was proper here.
Criminal Justice Act 1988 76

 
Royal Bank of Canada -v- Cooperatieve Centrale Raiffeisen-Boerenleenbank Ba [2004] EWCA Civ 7
23 Jan 2004
CA
Lord Justice Mance Lord Justice Thorpe Mr Justice Evans-Lombe
International, Jurisdiction, Contract, Banking
The claimant sought an order to restrain proceedings in New York. The parties were based in Canada and the Netherlands, with places of business in New York and London also. The swap agreement underlying the claim provide for it to be governed non-exclusively by the laws of England, but which envisaged other courts applying it.
1 Cites

[ Bailii ]
 
Marubeni Hong Kong and South China Ltd -v- Mongolian Government [2004] EWHC 472 (Comm); Times, 14 May 2004; [2004] 2 Lloyd's Rep 198
12 Mar 2004
ComC
Cresswell J
International, Contract
The court dismissed a claim for money owed by the Mongolian government based upon a letter of guarantee issued by the ministry of finance. Held: The English court would not seek to adjudicate upon the cabinet meetings of friendly powers.
1 Citers

[ Bailii ]
 
Swycher -v- Vakil [2004] EWCA Civ 444
18 Mar 2004
CA

Insolvency, International, Litigation Practice

[ Bailii ]

 
 Marlwood Commercial Inc -v- Kozeny; CA 25-Jun-2004 - [2004] EWCA Civ 798; [2004] 3 All ER 648; [2005] 1 WLR 104
 
Ilascu and Others -v- Moldova and Russia 48787/99; (2005) 40 EHRR 46; [2004] ECHR 318
8 Jul 2004
ECHR

Human Rights, International
(Grand Chamber) The two contracting states disputed the status of secessionist territory in Moldova called the Moldovian Republic of Transdniestria, which had been set up in 1991-2 with the support of the Russian Federation. The question was whether Russia or Moldova or both were responsible for alleged breaches of the ECHR in that territory. Held. The Court restated the principles whereby a state may be fixed with responsibility under the Convention in respect of extra-territorial military activities: "The Court has accepted that in exceptional circumstances the acts of Contracting States performed outside their territory or which produce effects there may amount to exercise by them of their jurisdiction within the meaning of art 1 of the Convention.
According to the relevant principles of international law, a State's responsibility may be engaged where, as a consequence of military action – whether lawful or unlawful – it in practice exercises effective control of an area situated outside its national territory. The obligation to secure, in such an area, the rights and freedoms set out in the Convention derives from the fact of such control, whether it be exercised directly, through its armed forces, or through a subordinate local administration [Loizidou v Turkey (Merits) para 52].
It is not necessary to determine whether a Contracting Party actually exercises detailed control over the policies and actions of the authorities in the area situated outside its national territory, since even overall control of the area may engage the responsibility of the Contracting Party concerned (ibid, ..., para 56).
Where a Contracting State exercises overall control over an area outside its national territory its responsibility is not confined to the acts of its soldiers or officials in that area but also extends to acts of the local administration which survives there by virtue of its military and other support (see Cyprus v Turkey, [2001] ECHR 25781/94, para 77)."
1 Citers

[ Bailii ] - [ Bailii ]
 
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory 9 July 2004, General List No 131
9 Jul 2004
ICJ

International
The court explained the consequences of the breach of international law which it found: "Given the character and the importance of the rights and obligations involved, the Court is of the view that all States are under an obligation not to recognize the illegal situation resulting from the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. They are also under an obligation not to render aid or assistance in maintaining the situation created by such construction. It is also for all States, while respecting the United Nations Charter and international law, to see to it that any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention."
1 Citers


 
British American Tobacco (Investments) Ltd -v- United States of America [2004] EWCA Civ 1064
30 Jul 2004
CA

International, Legal Professions
The claimant appealed an order for its London solicitor to be examined in connection with proceedings in the US. Held: A court should not make an order which was superfluous. The witness had now given his evidence. However, the foreign decision rested on an assumption that the co-operation had been voluntary. There had been no choice to disclose the documents and so there was no waiver of legal professional privilege.
1 Cites

[ Bailii ]
 
Cannon -v- Cannon [2004] EWCA Civ 1330; Times, 28 October 2004; [2005] 1 FLR 169; [2005] 1 WLR 32
19 Oct 2004
CA
Thorpe LJ
Children, International
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child's return to the US. Held: Because the child's identity had been hidden, that period could not be counted as settled existence under the Act. The section must be given a broad and purposive construction. Despite the passing of the year, the court retained its discretion to order the return of the child to the US. In exercising its discretion, each case was dependent upon its own facts. "Concealment or subterfuge in themselves have many guises and degrees of turpitude. Abduction is itself a wrongful act, in that it breaches rights of custody, but the degree of wrong will vary from case to case. Furthermore abduction may also be a criminal offence in the jurisdiction where it occurred. The abductor may have been prosecuted, convicted, and even sentenced in absentia. There may be an international arrest warrant passed to Interpol to execute either in respect of a conviction and sentence. The abductor may have entered the jurisdiction of flight without right of entry or special leave. The abductor may therefore be, or may rapidly become, an illegal immigrant. " and "The fugitive from justice is always alert for any sign that the pursuers are closing in and equally in a state of mental and physical readiness to move on before the approaching arrest. " Such a period should not count.
Thorpe LJ said: "For the exercise of a discretion under the Hague Convention requires the court to have due regard to the [overriding] objectives of the Convention whilst acknowledging the importance of the child's welfare (particularly in a case where the court has found settlement), whereas the consideration of the welfare of the child is paramount if the discretion is exercised in the context of our domestic law."
Child Abduction and Custody Act 1985
1 Cites

1 Citers

[ Bailii ]
 
Jones -v- Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another [2004] EWCA Civ 1394; Times, 01 November 2004; [2005] 2 WLR 808
28 Oct 2004
CA
Mance LJ
Torts - Other, Personal Injury, Police, International
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 involved personally. The court had been correct to reject the claim against the state. Despite other developments, states still enjoyed immunity from such claims, and normally its officials should receive the same protection, and even if the official had infringed the country's national law. However claims against officials could not be given blanket protection, because that would deprive applicants such as the present of any remedy. A delicate balancing act would be required in each case to test the various issues of jurisdiction and human rights. However the offence of torture itself had a special status under international law, and such acts could not be the acts of a state. Claims to state immunity should be resolved at an early stage in the proceedings.
1 Cites

1 Citers

[ Bailii ]
 
Render -v- Former Commonwealth Police Commissioner (Whitrod) [2004] EWCA Civ 1768
23 Nov 2004
CA

Police, International

[ Bailii ]
 
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