Scher and Others v Policyholders Protection Board and Others Ackman v Same: HL 1 Sep 1993

The Court of Appeal had defined the expression ‘any liability . . under the terms of any policy’ in wide terms. An insurance policy is a UK one, if the obligations to be performed might have been part of a UK operation.
Lord Mustill criticised an attempt by the judge to construe a statute in a vacuum divorced from any proper factual basis.

Lord Mustill
Independent 16-Jul-1993, Times 16-Jul-1993, Gazette 01-Sep-1993, Gazette 19-Jan-1994, [1994] 2 AC 57
Policyholders Protection Act 1975 4(2), Insurance Companies Act 1982 96(1), Third Party (Rights Against Insurers) Act 1930
England and Wales
Cited by:
CitedAitken v Financial Services Compensation Scheme Limited SCS 30-May-2003
. .

Lists of cited by and citing cases may be incomplete.

Insurance, International

Updated: 30 November 2021; Ref: scu.89046

Council of The European Union vManufacturing Support and Procurement Kala Naft Co, Tehran: ECJ 28 Nov 2013

ECJ Appeal – Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation – Measures directed against the Iranian oil and gas industry – Freezing of funds – Obligation to state reasons – Obligation to substantiate the measure

ECLI:EU:C:2013:776, [2013] EUECJ C-348/12
Bailii
European

International

Updated: 26 November 2021; Ref: scu.518754

Macklin v Revenue and Customs: FTTTx 10 Oct 2013

FTTTx INCOME TAX – UK-USA Double Tax Agreement SI 2002/2848 – whether pension income from the World Bank’s retirement scheme was eligible for relief from UK income tax as income from a ‘pension scheme established in’ the USA for the purposes of the Agreement – articles 17(1)(b) and 3(1)(o) considered – held the scheme was not ‘established in’ the USA because it was not established under and in conformity with the USA’s tax legislation relating to pension schemes
PROCEDURE – whether an assessment to recover tax repaid on the now-disputed basis that the income was eligible for relief under the Agreement was competent – section 29 TMA considered – held the assessment was competent as a discovery assessment and that the conditions in both s.29(4) and s.29(5) were satisfied – appeal dismissed

[2013] UKFTT 554 (TC), [2014] SFTD 290, 16 ITL Rep 355
Bailii
England and Wales

Income Tax, International

Updated: 22 November 2021; Ref: scu.516906

Iranian Offshore Engineering and Construction Co v Council af The European Union: ECFI 6 Sep 2013

ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Time-limit for amendment of the form of order sought – Admissibility – Obligation to state reasons – Manifest error of assessment

Pelikanova P
T-110/12, [2013] EUECJ T-110/12
Bailii
European

International, Banking

Updated: 20 November 2021; Ref: scu.515166

Shearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2): HL 1988

Article 7(1) of the International Tin Council (Immunities and Privileges) Order 1972 provided that the ITC ‘shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the official archives of a diplomatic mission’. In the litigation which arose out of its insolvent collapse, the ITC sought to prevent the use in litigation of documents which it claimed were part of its official archives. document: had come into the possession of third parties which had either been stolen from ITC premises or illicitly copied there or obtained by bribery or deceit of its staff. The issue ultimately turned upon the actual or ostensible authority of those who had supplied documents in that category to third parties.
Held: The documents were supplied with the authority of the ITC.
Lord Bridge of Harwich considered articles 24 and 27.2 of the Vienna Convention, saying: ‘Mr Kentridge presented a forceful argument for the defendants based on the proposition that the only protection which the status of inviolability conferred by Article 24 of the Vienna Convention and Article 7(1) of the Order of 1972 affords is against executive or judicial action by the host state. Hence, it was submitted, even if a document was stolen, or otherwise obtained by improper means, from a diplomatic mission, inviolability could not be relied on to prevent the thief or other violator from putting it in evidence, but the mission would be driven to invoke some other ground of objection to its admissibility. I need not examine this argument at length. I reject it substantially for the reasons given by the Court of Appeal. The underlying purpose of the inviolability conferred is to protect the privacy of diplomatic communications. If that privacy is violated by a citizen, it would be wholly inimical to the underlying purpose that the judicial authorities of the host state should countenance the violation by permitting the violator, or anyone who receives the document from the violator, to make use of the document in judicial proceedings.’

Lord Bridge of Harwich
[1988] 1 WLR 16
Vienna Convention on Diplomatic Relations 24 27, International Tin Council (Immunities and Privileges) Order 1972
England and Wales
Citing:
At First InstanceMaclaine Watson and Co Ltd v International Tin Council ChD 1987
Millett J said: ‘The ITC contend there is no jurisdiction to make such an order [an order for discovery of assets] in the absence of a Mareva injunction. It is, however, fallacious to reason from the fact that an order for discovery can be made as . .

Cited by:
CitedBancoult, 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 . .
CitedBancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs SC 8-Feb-2018
Diplomatic Protection Lost to Public Domain
The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked . .

Lists of cited by and citing cases may be incomplete.

International, Litigation Practice, Evidence

Updated: 19 November 2021; Ref: scu.510791

Maclaine Watson and Co Ltd v International Tin Council: ChD 1987

Millett J said: ‘The ITC contend there is no jurisdiction to make such an order [an order for discovery of assets] in the absence of a Mareva injunction. It is, however, fallacious to reason from the fact that an order for discovery can be made as ancillary to a Mareva injunction to a conclusion that it cannot be made except as ancillary to such an injunction.’

Millett J
[1987] 3 All ER 886, [1987] 1 WLR 1711
England and Wales
Cited by:
At ChD (Affirmed)Maclaine Watson and Co Ltd v International Tin Council CA 1988
The court asked the extent to which international law forms part of the law of this country. Nourse LJ said: ‘For up to two and a half centuries it has been generally accepted amongst English judges and jurists that international law forms part of . .
At First InstanceShearson Lehman Brothers Inc v Maclaine Watson and Co Ltd and International Tin Council (Intervener) (No. 2) HL 1988
Article 7(1) of the International Tin Council (Immunities and Privileges) Order 1972 provided that the ITC ‘shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the . .
See AlsoRe International Tin Council ChD 1987
An order for the winding up of a foreign company operates universally, applies to all the foreign company’s assets and brings into play the full panoply of powers and duties under the Insolvency Act 1986 like any other winding up order. Millett J . .

Lists of cited by and citing cases may be incomplete.

International

Updated: 19 November 2021; Ref: scu.194458

Banco Santander Totta Sa v Companhia De Carris De Ferro De Lisboa Sa and Others: ComC 4 Mar 2016

The parties, both Portuguese had entered into now disputed interest rate swap agreements which provided for them to be subject to English law and jurisdiction. The bank claimant sought to enforce the agreements, and the defendant argued that, neither party having a connection with England, the matter should be heard in Portugal.
Held: The request for the matter to be dealth with in Portugal failed. Not every aspect of the contract had Portuguese only elements, and article 3 could only be applied if all were.

Blair J
[2016] EWHC 465 (Comm), [2016] WLR(D) 125, [2016] 4 WLR 49
Bailii, WLRD
Convention 80/934/EEC 3(3)

Contract, International, Financial Services

Updated: 11 November 2021; Ref: scu.560753

W v X (Jurisdiction In Matters of Parental Responsibility): ECJ 15 Feb 2017

Habitual Residence depends on child’s interests

ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 8 to 15 – Jurisdiction concerning maintenance obligations – Regulation (EC) No 4/2009 – Article 3(d) – Conflicting judgments given in the courts of different Member States – Child habitually resident in the Member State of residence of his mother – The courts of the father’s Member State of residence without jurisdiction to vary a decision that has become final which they adopted earlier concerning the residence of the child, maintenance obligations and contact arrangements

R. Silva de Lapuerta, P
[2017] WLR(D) 113, [2017] EUECJ C-499/15
Bailii, WLRD
Regulation (EC) No 2201/2003 8
European

Children, International

Updated: 11 November 2021; Ref: scu.579667

Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order.
Held: As a legal person in the United Kingdom – rather than the states who were its members and the parties to the international treaty – the ITC was the contracting party in the contracts it had entered into with the appellant companies. There was no basis for holding the member states liable for its debts, and, even if in international law any such basis had existed, there would have been no basis for enforcing such a liability in a United Kingdom court. If under international law the (unincorporated) treaty made the ITC the agent of its members when contracting, this too was a liability which a United Kingdom court could not enforce, if it could not be found in the 1972 Order. A claim for the appointment of a receiver over ITC’s assets, including any claims it might have under the treaty to be indemnified by its members in respect of its liabilities to the appellants, failed for similar reasons. An unincorporated treaty can create no rights or obligations in domestic law.
Lord Templeman stressed the inability of United Kingdom courts to enforce unincorporated ‘treaty rights and obligations conferred or imposed by agreement or by international law’ though it suggests such courts might look at an unincorporated treaty ‘for the purpose of resolving any ambiguity in the meaning and effect of the Order of 1972’.
Lord Oliver: ‘It is axiomatic that municipal courts have not and cannot have the competence to adjudicate upon or to enforce the rights arising out of transactions entered into by independent sovereign states between themselves on the plane of international law. . . . That is the first of the underlying principles. The second is that, ‘as a matter of the constitutional law of the United Kingdom, the Royal Prerogative, whilst it embraces the making of treaties, does not extend to altering the law or conferring rights upon individuals or depriving individuals of rights which they enjoy in domestic law without the intervention of Parliament. Treaties, as it is sometimes expressed, are not self-executing. Quite simply, a treaty is not part of English law unless and until it has been incorporated into the law by legislation. So far as individuals are concerned, it is res inter alios acta from which they cannot derive rights and by which they cannot be deprived of rights or subjected to obligations; and it is outside the purview of the court not only because it is made in the conduct of foreign relations, which are a prerogative of the Crown, but also because, as a source of rights and obligations, it is irrelevant.’
However he recognised exceptions: ‘These propositions do not, however, involve as a corollary that the court must never look at or construe a treaty. ‘ and ‘it is well established that where a statute is enacted in order to give effect to the United Kingdom’s obligations under a treaty, the terms of the treaty may have to be considered and, if necessary, construed in order to resolve any ambiguity or obscurity as to the meaning or scope of the statue. Clearly, also, where parties have entered into a domestic contract in which they have chosen to incorporate the terms of the treaty, the court may be called upon to interpret the treaty for the purposes of ascertaining the rights and obligations of the parties under their contract’ and ‘Further cases in which the court may not only be empowered but required to adjudicate upon the meaning or scope of the terms of an international treaty arise where domestic legislation, although not incorporating the treaty, nevertheless requires, either expressly or by necessary implication, resort to be had to its terms for the purpose of construing the legislation . . . or the very rare case in which the exercise of the Royal Prerogative directly effects an extension or contraction of the jurisdiction without the constitutional need for internal legislation . . . ‘ and ‘It must be borne in mind, furthermore, that the conclusion of an international treaty and its terms are as much matters of fact as any other fact. That a treaty may be referred to where it is necessary to do so as part of the factual background against which a particular issue arises may seem a statement of the obvious. But it is, I think, necessary to stress that the purpose for which such reference can legitimately be made is purely an evidential one. Which states have become parties to a treaty and when and what the terms of the treaty are are questions of fact. The legal results which flow from it in international law, whether between the parties inter se or between the parties or any of them and outsiders, are not and they are not justiciable by municipal courts.’

Templeman and Oliver LL
[1989] 3 All ER 523
International Tin Council (Immunities and Privileges) Order 1972, International Organisations Act 1968
England and Wales
Citing:
Appeal from (affirmed)Maclaine Watson and Co Ltd v International Tin Council CA 1988
The court asked the extent to which international law forms part of the law of this country. Nourse LJ said: ‘For up to two and a half centuries it has been generally accepted amongst English judges and jurists that international law forms part of . .
Appeal from (affirmed)Maclaine Watson and Co Ltd v International Tin Council (No. 2) CA 1988
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
CitedSecretary of State in Council of India v Kamachee Boye Sahab PC 9-Jul-1859
‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may . .
CitedRustomjee v The Queen QBD 1876
The Sovereign acts ‘throughout the making of the treaty and in relation to each and every of its stipulations in her sovereign character, and by her own inherent authority; and, as in making the treaty, so in performing the treaty, she is beyond the . .
CitedZoernsch v Waldock CA 1964
A claim was lodged against a former president as well as the current secretary of the European Commission of Human Rights. The former president, Sir Humphrey Waldock, was under the 1960 Order entitled to ‘the like immunity from legal process as is . .
CitedPost Office v Estuary Radio Ltd CA 1968
On the proper inerpretation of the legislation, the extent of application of the legislative regime is determined by reference to the concept of the UK’s territorial waters as defined from time to time by the Crown. When the exercise of the Royal . .
CitedBlackburn v Attorney-General CA 10-May-1971
The complainant sought to argue that entry to Europe would be unlawful in that it involved surrender of the sovereignty of the Queen in Parliament. The respondent accepted that the Bill would involve some surrender of power, but that it was a lawful . .

Cited by:
CitedJH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
CitedIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
AffirmedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
AffirmedRegina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

Lists of cited by and citing cases may be incomplete.

International, Company

Leading Case

Updated: 11 November 2021; Ref: scu.194460

K v K: FD 29 Jul 2016

Costs of enforcement Order

The parties, mother and father, had divorced in Russia, and an order was made or the residence of their daughter with F, with contact for M. After coming to England, M obtained an order to enforce the first order. The court now considerd liability for costs.

MacDonald J
[2016] EWHC 2002 (Fam), [2016] WLR(D) 474
Bailii, WLRD
England and Wales

Children, International, Costs

Updated: 11 November 2021; Ref: scu.569168

Financial Services Authority (FSA) and Others v AMRO International Sa and Another: CA 24 Feb 2010

The FSA appealed against an order refusing its request for inquiries and production of accounting records by the defendant accountants to satisfy a request issued by the US Securities and Exchange Commission.
Held: The FSA had properly assessed the request, considering the seriousness of the allegations, and the strong public interest in mutual assistance. Such co-operation was part of the statutory purpose of the FSA. There was no error in the appointment of the investigators, and the requirement for production of documents was properly made.

Sir Anthony May, President, Lord Justice Stanley Burnton and Lord Justice Jackson
[2010] EWCA Civ 123
Bailii, Times
Financial Services and Markets Act 2000 171 172 354(1)
England and Wales
Citing:
Appeal fromAMRO International Sa and Another, Regina (On the Application of) v The Financial Services Authority and Others Admn 25-Aug-2009
. .
CitedColt Industries v Sarlie (No. 2) CA 1966
Lord Denning MR discussed the status of a foreign judgment whilst under appeal: ‘The appeal itself does not render it not final and conclusive, nor should the possibility of leave to appeal. It seems to me that the proper test is this : is the . .
CitedTajik Aluminium Plant (Tadaz) v Hydro Aluminium As and others CA 24-Oct-2005
Application for leave to appeal against refusal to grant witness orders to attend arbitration. The respondent had argued that the request was too vague and broad.
Held: Moore-Bick LJ said: ‘In order to answer the question raised in this case I . .
CitedIn re Asbestos Insurance Coverage HL 1985
A London insurance brokerage company had been ordered to produce documents pursuant to a letter of request issued by a Californian court in proceedings brought by manufacturers of asbestos against their insurers. The 1975 Act empowered the court to . .

Lists of cited by and citing cases may be incomplete.

Financial Services, International

Updated: 11 November 2021; Ref: scu.401791

The Health Service Executive of Ireland v PA and Others: CoP 3 Jun 2015

hsen_paCoP201506

The HSE sought orders under s.63 of and Schedule 3 to the 2005 Act recognising and enforcing orders by the Irish High Court for the detention of three young persons (‘PA’, ‘PB’, and ‘PC’) at a special unit known in Northampton.
Held: On an application to for confirmation of a compulsory psychiatric placement under Schedule 3 to the 2005 Act the court should itself carry out a review in oder to be satisfied that an order would comply with the Convention and so in that (i) the Winterwerp criteria were met and (ii) that the individual’ would have an effective right to regular reviews of the detention and to challenge it in court if necessary.

Baker J
[2015] EWCOP 38, [2015] WLR(D) 243
Bailii, WLRD
Mental Capacity Act 2005 63 Sch 3, European Convention on Human Rights , Hague Convention on the International Protection of Adults 2000 1 3
Citing:
CitedWinterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
CitedJO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction) CoP 13-Dec-2013
Jurisdiction of the Court of Protection
PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An . .

Lists of cited by and citing cases may be incomplete.

International, Children, Health, Human Rights

Updated: 09 November 2021; Ref: scu.548027

Stratton Oakmont Inc v Prodigy Services Co: 1995

(New York) The defendant computer network company held itself out as having editorial control over notes posted on its bulletin board, imposed content guidelines on its users by prescreening notes for offensive language, and permitted board leaders to delete notes that did not meet guideline requirements.
Held: It was liable to be sued as ‘publisher’ of defamatory statements posted on its bulletin board. Ain J said: ‘A computerised database is the functional equivalent of a more traditional news vendor, and the inconsistent application of a lower standard of liability to an electronic news distributor such as CompuServe than that which is applied to a public library, book store, or newstand would impose an undue burden on the free flow of information.’ and ‘That such control is not complete and is enforced both as early as the notes arrive and as late as a complaint is made, does not minimise or eviscerate the simple fact that PRODIGY has uniquely arrogated to itself the role of determining what is proper for its members to post and read on its bulletin boards. Based on the foregoing, this Court is compelled to conclude that for the purposes of plaintiffs’ claims in this action, PRODIGY is a publisher rather than a distributor’

Ain J
(1995) 23 Media L Rep 1794, (1995) 63 US Law Week 2765, [1995] NY Misc Lexis 229
United States
Citing:
CitedCubby Inc v CompuServe Inc 1991
(United States) Leisure DJ said: ‘CompuServe develops and provides computer-related products and services, including CompuServe Information Service (‘CIS’), an on-line general information service or ‘electronic library’ that subscribers may access . .

Cited by:
CitedBunt v Tilley and others QBD 10-Mar-2006
bunt_tilleyQBD2006
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had . .
CitedGodfrey v Demon Internet Limited QBD 26-Mar-1999
An Internet Service Provider who was re-distributing Usenet postings it had received, to its users in general, remained a publisher at common law, even though he was not such within the definitions of the Act, and it was therefore liable in . .

Lists of cited by and citing cases may be incomplete.

Defamation

Leading Case

Updated: 09 November 2021; Ref: scu.277104

McGrath and others v Riddell and others: HL 9 Apr 2008

(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
Held: Once it was accepted that an English court may order the liquidator here to remit funds to a foreign liquidator, it was clear that that foreign liquidator would apply the local rules for distribution: ‘the court had jurisdiction at common law, under its established practice of giving directions to ancillary liquidators, to direct remittal of the English assets, notwithstanding any differences between the English and foreign systems of distribution. These differences are relevant only to discretion.’
Lord Hoffmann (with whom Lord Walker was in full agreement) said that remission could be ordered at common law. He referred to a ‘general principle of private international law that bankruptcy (whether personal or corporate) should be unitary and universal. There should be a unitary bankruptcy proceedings in the court of the bankrupt’s domicile which receives worldwide recognition and it should apply universally to all the bankrupt’s assets.’ this was ‘a principle rather than a rule . . heavily qualified by exceptions on pragmatic grounds.’ and ‘The primary rule of private international law which seems to me applicable to this case is the principle of (modified) universalism, which has been the golden thread running through English cross-border insolvency law since the 18th century. That principle requires the English courts, so far as is consistent with justice and UK public policy, co-operate with the courts in the country of the principal liquidation to ensure that all the company’s assets are distributed to its creditors under as single system of distribution.’
Lord Scott, whilst agreeing that it is desirable as a general proposition that there should be one universally applicable scheme of distribution of the assets of an insolvent company, did not agree with Lord Hoffmann that the court had power to remit the assets to Australia other than pursuant to the statutory power.
Lord Neuberger’s speech was to the same effect in this regard.
Lord Phillips agreed that it was in accordance with international comity and the principle of universalism that the assets should be remitted to Australia pursuant to the statutory power but did not stray into the ‘controversial area’ of whether, in the absence of statutory jurisdiction, the same result could have been reached under a discretion available under the common law

Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Neuberger of Abbotsbury
Times 09-Apr-2008, [2008] UKHL 21, [2008] 1 WLR 852, [2008] BPIR 581, [2008] Lloyd’s Rep IR 756, [2008] BCC 349, [2008] 3 All ER 869, [2008] Bus LR 905
Bailii, HL
Insolvency Act 1986 426
England and Wales
Citing:
CitedRe Matheson Brothers Ltd 1884
The court appointed a provisional liquidator to protect the English assets of a New Zealand company which was being wound up in New Zealand. Kay J said: ‘[What] is the effect of the winding up order which it is said has been made in New Zealand? . .
CitedRe International Tin Council ChD 1987
An order for the winding up of a foreign company operates universally, applies to all the foreign company’s assets and brings into play the full panoply of powers and duties under the Insolvency Act 1986 like any other winding up order. Millett J . .
Appeal fromMcGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others CA 9-Jun-2006
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia.
Held: It was inevitable that cross border . .
CitedCambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others) PC 16-May-2006
(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a . .
CitedIn the Matter of Drax Holdings Limited and in the Matter of InPower Limited ChD 17-Nov-2003
A company incorporated in Jersey comes within the Act for the purposes of the section. An English court has jurisdiction to wind up a foreign company if it has assets here or some other sufficient connection with this country. . .
CitedRe Bank of Credit and Commerce International SA (No 10) ChD 1997
An English court has power in an ancillary liquidation (provisional or final) to authorise the English liquidators to transmit the English assets to the principal liquidators in the company’s home country. The bases for this are the principles of . .
CitedForster v Wilson 1843
English law regards insolvency set off as a way of achieving substantial justice between the parties. . .
CitedRe Dallhold Estates (UK) Pty Ltd ChD 1992
The court discussed the the receipt and acceptance of a letter of request: ‘The scheme of subsection (5) appears to me to be this. The first step is to identify the matters specified in the request. Secondly, the domestic court should ask itself . .
CitedEngland v Smith CA 8-Dec-1999
A liquidator of an Australian company sought damages from a ‘world-wide’ company Arthur Andersen’ and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That . .
CitedRe Paramount Airways Ltd (In Administration) CA 8-Apr-1992
It was said that there had been a transction at an undervalue within section 238. It was given effect by a transfer to a bank in Jersey, from which recovery was no sought. The bank claimed that the section did not have extra-territorial effect.
CitedIn re English, Scottish and Australian Chartered Bank 1893
Vaughan Williams J said: ‘One knows that where there is a liquidation of one concern the general principle is – ascertain what is the domicile of the company in liquidation; let the court of the country of domicile act as the principal court to . .
CitedAyerst (Inspector of Taxes) v C and K (Construction) Ltd HL 1976
A resolution or order for winding up of a company divests it of the beneficial interest in its assets. They become a fund which the company thereafter holds in trust to discharge its liabilities. Where a company is wound up in this country, its . .
CitedRe Suidair International Airways Ltd 1951
Insolvency law may enable the court to apply a foreign law. Wynn-Parry J said: ‘It appears to me that the simple principle is that this court sits to administer the assets of the South African company which are within its [i.e. the English court’s] . .

Cited by:
CitedGlobal Distressed Alpha Fund 1 Ltd Partnership v Pt Bakrie Investindo ComC 17-Feb-2011
Action on an instrument of guarantee.
Held: judgment for the Claimant in respect of the principal sum of US$2m. and such interest payments as were due. . .

Lists of cited by and citing cases may be incomplete.

Insolvency, International

Leading Case

Updated: 02 November 2021; Ref: scu.266540

Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998

(Judgment) Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner and insurer) could be treated as the same for purposes of the convention only if the interests of the differing parties were genuinely identical.

Times 10-Jun-1998, Gazette 09-Sep-1998, C-351/96, ECJ/Cfi Bulletin 14/98, 7, [1998] EUECJ C-351/96
Bailii
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968

International, European

Leading Case

Updated: 02 November 2021; Ref: scu.161977

Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Iraqi citizens claimed to have suffered unlawful detention and/or physical maltreatment from British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence, but the torts were governed by Iraqi law. Under the 1984 Act where a claim is brought in England but governed by foreign law, the English courts are to apply the foreign law of limitation. In many of these cases the action was begun more than three years after the relevant claimant became aware of the injury and the person who caused it, and was therefore time-barred under article 232 of the Iraqi Civil Code.
Held: The appeal failed.
‘The real question is whether it is legally relevant when the claimants have brought proceedings in England what impediments might have prevented similar proceedings in Iraq. The judge, as I have observed, regarded that as depending on the territorial ambit of article 435 as a matter of Iraqi law. On that footing it is obvious that a procedural time-bar arising under Iraqi law applied only in Iraq. But in my opinion, this was not a question of Iraqi law but of English law. In English proceedings, the relevant law is the Foreign Limitation Periods Act. Where the cause of action is governed by a foreign law, the Act requires an English court to ascertain the relevant rules of the foreign law of limitation and then to apply it to proceedings in England. Because the foreign law of limitation will have been designed for foreign proceedings, that necessarily involves a process of transposition. There may be facts which the foreign law of limitation would treat as relevant to foreign proceedings but which are irrelevant to proceedings in England.’
and ‘ The claimants’ submission, if accepted, would mean that there was no limitation period at all affecting the present proceedings in England, by reason of a consideration (CPA Order 17) which had no relevance to English proceedings because it has no application outside Iraq and has never impeded resort to the English court. The main argument advanced in support of it was that an English court applying the Act of 1984 must give effect to the whole of the relevant Iraqi law of limitation, and not just to part of it. This point was reinforced by reference to section 2 of the Act of 1984. Section 2(1) disapplies the relevant foreign law of limitation so far as its application would conflict with English public policy, and section 2(3) disapplies it so far as it suspends the running of time on account of ‘the absence of a party to the action or proceedings from any specified jurisdiction or country’. The point made is that where the Act disapplies some part of the foreign law of limitation, it does so expressly, thereby impliedly excluding its disapplication in any other circumstances. I reject the submission because it assumes that because the Iraqi law of limitation would treat certain facts as relevant to Iraqi proceedings, to treat those facts as irrelevant to English proceedings involves disapplying part of Iraqi law. It does not. It simply involves applying the same principles of Iraqi law to different facts. The facts relevant to proceedings in England are not necessarily the same as those which would be relevant to proceedings in Iraq.’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Sumption, Lord Reed
[2016] UKSC 25, [2016] 1 WLR 2001, [2016] WLR(D) 261, UKSC 2015/0126
Bailii, Bailii Summary, WLRD, SC, SC Summary
Private International Law (Miscellaneous Provisions) Act 1995, Foreign Limitation Periods Act 1984
England and Wales
Citing:
At QBDIraqi Civilian Litigation v Ministry of Defence QBD 26-Jan-2015
The court considered limitation issues as an interim issue in this claim and particularly as it was affected by Iraqi law.
Held: The effective period of CPA 17 ended on 31 December 2008. No claim had been brought relating to any alleged act or . .
Appeal from CAMinistry of Defence v Iraqi Civilians CA 9-Dec-2015
‘This appeal raises a short but elusive point concerning the manner in which the English Court applies a foreign law relating to limitation when required to do so by section 1 of the Foreign Limitation Periods Act 1984’ . .

Lists of cited by and citing cases may be incomplete.

International, Limitation

Updated: 01 November 2021; Ref: scu.563387

El-Masri v The Former Yugoslav Republic of Macedonia: ECHR 13 Dec 2012

(Grand Chamber) The applicant, a German national of Lebanese origin, alleged that he had been subjected to a secret rendition operation, namely that agents of the respondent State had arrested him, held him incommunicado, questioned and ill-treated him, and handed him over at Skopje Airport to CIA agents who had transferred him, on a special CIA-operated flight, to a CIA-run secret detention facility in Afghanistan, where he had been ill-treated for over four months. The applicant submitted in evidence certain diplomatic cables. The court referred to articles in which journalists had reported that the US Ambassador in Germany had informed the German authorities that the CIA had wrongly imprisoned the applicant. The 1963 Vienna Convention on Consular Relations was cited under the heading ‘Relevant International Law and Other Public Material’, but only as to the obligation of competent authorities of the receiving state to inform the consular post of the sending state without delay of the arrest of one of its nationals under Article 36.
Held: The Court found Mr El-Masri’s account to be established beyond reasonable doubt and held that ‘the former Yugoslav Republic of Macedonia’ had been responsible for his torture and ill-treatment both in the country itself and after his transfer to the US authorities in the context of an extra-judicial ‘rendition’.
The court was careful in its findings not to rely on the leaked cables or on what the US Ambassador was said to have said to the German Government.

Nicolas Bratza, P
39630/09 – HEJUD, [2012] ECHR 2067, 34 BHRC 313, (2013) 57 EHRR 25
Bailii
European Convention on Human Rights
Human Rights
Cited by:
CitedBancoult, 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 . .
CitedCommissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .

Lists of cited by and citing cases may be incomplete.

Human Rights, International

Leading Case

Updated: 01 November 2021; Ref: scu.467121

Buttes Gas and Oil Co v Hammer (No 3): HL 1981

In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a submission by the defendants that the action raised issues which were non-justiciable in English courts and should therefore be stayed. The motives of governments are not justiciable and courts should refrain from adjudicating upon them. The House considered an action by an officer of the Crown taken outside this country against foreigners otherwise than under colour of legal right.
Held: The principle of non-justiciability was applicable. ‘The important inter-state issues and/or issues of international law which would face the court . . have only to be stated to compel the conclusion that these are not issues upon which a municipal court can pass. . [There are no judicial or manageable standards by which to judge [the] issues or to adopt another phrase . . the court would be in a judicial no-man’s land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were ‘unlawful’ under international law. I would just add . . that it is not to be assumed that these matters have now passed into history, so that they now can be examined with safe detachment.’ and ‘ There is ‘a more general principle that the courts will not adjudicate upon the transactions of foreign sovereign states . . one for judicial restraint or abstention . . not one of discretion, but . . inherent in the very nature of the judicial process.’
On the plaintiff’s application to strike out the counterclaim, Lord Wilberforce concluded: ‘It would not be difficult to elaborate on these considerations, or to perceive other important inter-state issues and/or issues of international law which would face the court. They have only to be stated to compel the conclusion that these are not issues upon which a municipal court can pass. Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are – to follow the Fifth Circuit Court of Appeals – no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man’s land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were ‘unlawful’ under international law. I would just add, in answer to one of the respondents’ arguments, that it is not to be assumed that these matters have now passed into history, so that they now can be examined with safe detachment.’

Lord Wilberforce
[1982] AC 888, [1981] 3 All ER 616, [1981] 3 WLR 787
England and Wales
Citing:
ApprovedDuke of Brunswick v The King of Hanover HL 31-Jul-1948
The Duke claimed that the King of Hanover had been involved in the removal of the Duke from his position as reigning Duke and in the maladministration of his estates.
Held: ‘A foreign Sovereign, coming into this country cannot be made . .
Appeal fromButtes Gas and Oil Co v Hammer (No 3) CA 1981
The mere reference to a document in the pleadings was not an automatic waiver of any legal professional privilege. . .
CitedUnderhill v Hernandez 29-Nov-1897
(US Supreme Court) Underhill, a US citizen, had constructed a waterworks in Bolivar for the government which was eventually overthrown by revolutionary forces, one of whose generals was Hernandez. After Hernandez had captured Bolivar, Underhill . .

Cited by:
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedRegina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1) HL 22-Nov-1998
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution.
CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
CitedRegina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
CitedRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another Admn 19-Mar-1998
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus.
Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power . .
CitedGentle and Clarke, Regina (on the Application Of) v Prime Minister and others CA 12-Dec-2006
The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect.
CitedGentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
CitedCorner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
CitedKorea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC 18-Nov-2008
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
CitedLucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
CitedKhaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
CitedShergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

Lists of cited by and citing cases may be incomplete.

Defamation, International, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.179879

Henderson v Novo Banco SA: ECJ 2 Mar 2017

Defendant to show service failure was unfair

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation No 1393/2007 – Articles 8, 14 and 19 – Postal service of a document instituting the proceedings – Failure to provide a translation of the document – Annex II – Standard form – None – Consequences – Service by registered letter with acknowledgement of receipt – Failure to return acknowledgement of receipt – Receipt of document by a third party – Conditions of validity of the proceedings

M Berger P
[2017] WLR(D) 148, [2017] EUECJ C-354/15, ECLI:EU:C:2017:157
Bailii, WLRD
Parliament and Council Regulation (EC) No 1393/2007
European

Litigation Practice, International

Updated: 01 November 2021; Ref: scu.579677

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 by unlawful means required proof of the nature of the agreement, the means alleged, the unlawful acts causing loss, and that each such act was part of the agreed purpose. The actual intent to cause injury need not be predominant.
The court defined two types of conspiracy to injure, namely conspiracy to injure by lawful means and conspiracy to injure by unlawful means: ‘A conspiracy to injure by lawful means is actionable where the claimant proves that he has suffered loss or damage as a result of action taken pursuant to a combination or agreement between the defendant and another person or persons to injure him, where the predominant purpose is to injure the claimant.
A conspiracy to injure by unlawful means is actionable where the claimant proves that he has suffered loss or damage as a result of unlawful action taken pursuant to a combination or agreement between the defendant and another person or persons to injure him by unlawful means, whether or not it is the predominant purpose of the defendant to do so.’

Nourse, Potter, Clarke LJJ
Times 30-May-2000, Gazette 08-Jun-2000, [2000] 2 All ER Comm 271, [2000] EWCA Civ 160
Bailii
England and Wales
Citing:
CitedLonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
CitedLonrho plc v Fayed HL 2-Jan-1991
In a conspiracy, the intent to injure need not be the primary intent, but there must be some intent which involves the conspiring parties directing their minds towards the victim or a category of persons which would include the victim as a target to . .
CitedBourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
See AlsoKuwait 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 AlsoKuwait Oil Tanker Company S A K ; Sitka Shipping Incorporated v Al Bader; Qabazard and Stafford CA 24-Mar-1997
. .
See AlsoKuwait 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. . .

Cited by:
CitedLesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
CitedIS Innovative Software Ltd v Howes CA 19-Feb-2004
It was alleged that the defendant had backdated contracts of employment to a time when he had been employed by the claimant, and had induced staff to leave. The company appealed dismissal of its claim.
Held: The advantage of the court . .
CitedMahonia Limited v JP Morgan Chase Bankwest Lb Ag QBD 3-Aug-2004
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the . .
CitedDouglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
CitedMeretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
CitedTotal Network Sl v Customs and Excise Commissioners CA 31-Jan-2007
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants . .
See AlsoKuwait 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. . .
CitedDigicel (St Lucia) Ltd and Others v Cable and Wireless Plc and Others ChD 15-Apr-2010
The claimants alleged breaches of legislation by members of the group of companies named as defendants giving rise to claims in conspiracy to injure by unlawful means. In effect they had been denied the opportunity to make interconnections with . .
CitedLaw Society of England and Wales v Isaac and Isaac International Holdings Ltd and Others ChD 7-Jul-2010
. .

Lists of cited by and citing cases may be incomplete.

Torts – Other, International

Leading Case

Updated: 01 November 2021; Ref: scu.147193

Medvedyev And Others v France: ECHR 29 Mar 2010

(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but Cambodia was not, party to the relevant international drug trafficking conventions, which did not in the circumstances authorise the arrest by France of the Cambodian vessel. Nevertheless, Cambodia had given France specific ad hoc authorisation ‘to intercept, inspect and take legal action against the ship’. The crew complained that they were not within the jurisdiction of the French Courts.
Held: (Majority) They were within the jurisdiction of France for the purposes of article 1, France ‘having exercised full and exclusive control over the Winner and its crew, at least de facto, from the time of its interception, in a continuous and uninterrupted manner until they were tried in France (contrast Bankovic, cited above)’. As to Bankovic, the Court noted that it was ‘only in exceptional cases that acts of the Contracting States performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them for the purposes of article 1 . . this excluded situations, however, where – as in the Bankovic case – what was at issue was an instantaneous extraterritorial act, as the provisions of article 1 did not admit of a ’cause-and-effect’ notion of ‘jurisdiction’.’
The detention of the crew was nevertheless unjustified. Although international as well as domestic law was capable of shaping a ‘procedure prescribed by law’ within article 5.1, Cambodia’s ad hoc authorisation did not meet the requirements under article 5.1 of ‘clearly defined’ and ‘foreseeable’ law. The Court allowed the possibility of a purely factual (albeit unlawfully exercised) concept of jurisdiction under article 1. Dissenting, seven judges, said that article 1 applied: ‘the Winner – with the agreement of the flag state – was undeniably within the jurisdiction of France for the purposes of article 1.’. That state B may authorise state A to exercise jurisdiction which would otherwise belong to state B for the purposes of article 1 was consistent with the principles in Bankovic.
The court awarded 5,000 Euros in damages.

(2010) 51 EHRR 39, 3394/03, [2010] ECHR 384
Bailii
European Convention on Human Rights 1 5.1
Human Rights
Citing:
ExplainedBankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .

Cited by:
CitedSmith, 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.
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedAssange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
CitedFaulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .

Lists of cited by and citing cases may be incomplete.

Human Rights, International, Crime, Transport

Leading Case

Updated: 31 October 2021; Ref: scu.406700

Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015

The applicant sought that the decrees nisi and absolute of divorce issued by the High Court of Malaya at Shah Alam in favour of the respondent husband be refused recognition in England and Wales.
Held: The application was granted: ‘the husband and his solicitor engaged in sharp practice in obtaining the divorce in Malaysia. A petition was filed which was knowingly false. The case that the wife had effectively disappeared and that there was no alternative means of effecting service on her was again knowingly false. The reasons for expediting Decree Absolute were spurious and again represent a deliberate misleading of the Malaysian Court: the true reason was to prevent the wife from applying in the waiting period to set aside the decree nisi.’
The Court examined the underused Council Regulation finding that it was given a discretion. There were balancing interests: ‘Militating against refusal is the fact that it is undesirable to have two different decrees absolute in different places in relation to the same marriage. A decree absolute is a matter of status and it is undesirable that the parties should have inconsistent decisions as to when their marriage was finally ended.’ and ‘ to decline to refuse recognition in this case would be grossly unjust and would in effect reward dishonesty and sharp practice. It would send out a signal that conduct such as I have described is tolerable.’
The wife was entitled to her decree Nisi, and the court and judge in Malaysia should notified of the decision.

Mostyn J
[2015] EWHC 1462 (Fam)
Bailii
Family Law Act 1986 51(3)(a), Council Regulation (EC) No 2201/2003 22(b)
England and Wales
Citing:
CitedRex v Sussex Justices, Ex parte McCarthy KBD 9-Nov-1923
Clerk wrongly retired with Justices
There had been a prosecution before the lay magistrates for dangerous driving. Unknown to the defendant and his solicitors, the Clerk to the Justices was a member of the firm of solicitors acting in a civil claim against the defendant arising out of . .
CitedDuhur-Johnson v Duhur-Johnson FD 3-May-2005
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law.
Held: The cases established: 1) . .
CitedIvleva v Yates FD 4-Mar-2014
By an application Mrs Ivleva (formerly Yates) sought (i) recognition in this jurisdiction of a divorce granted in Ukraine in respect of her marriage to Mr Yates and (ii) the dismissal of divorce proceedings brought in this jurisdiction by Mr Yates. . .
CitedOlafisoye v Olafisoye FD 28-Jul-2010
The court was asked to consider the recognition here of a foreign divorce.
Held: Holman J said: ‘I observe and stress at the outset the following matters. First, in this case, and probably in all such cases, the issue is very fact specific and . .
CitedGolubovich v Golubovich CA 30-Mar-2011
The court considered an application under 51(3)(c) of the 1986 Act to refuse to recognise a foreign decree of divorce.
Held: The appeal was allowed against the non-recognition of a Russian divorce that followed proceedings between Russian . .

Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 31 October 2021; Ref: scu.547552

Akarcay, Regina (on The Application of) v West Yorkshire Police and Others: Admn 3 Feb 2017

‘The claimant seeks to challenge the provision of material by the West Yorkshire Police to their counterparts in the Turkish Republic of North Cyprus, where he now faces prosecution for drug related and money laundering offences alleged to have been committed in England. Northern Cyprus is not recognised by the United Kingdom, nor by any other country save Turkey.’
Burnett LJ, Thirlwall J
[2017] EWHC 159 (Admin)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.573921

Canadian Eagle Oil Co Ltd v The King: 1946

[1946] AC 119
England and Wales
Citing:
OverruledGilbertson v Fergusson CA 1881
. .

Cited by:
CitedAnson v Revenue and Customs SC 1-Jul-2015
Interpretation of Double Taxation Agreements
This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.573170

Strathalmond v Inland Revenue Commissioners: 1972

The taxpayer’s wife was an American citizen resident for tax purposes in the United Kingdom. Because of her American citizenship, however, she was not resident in the United Kingdom for the purposes of the Double Taxation Agreement between the United Kingdom and the United States. Her husband was assessed to tax on her American dividends. The assessments were discharged on the ground that the dividends were exempted from United Kingdom tax by the Double Taxation Agreement.
[1972] 1 WLR 1511
England and Wales
Cited by:
CitedAnson v Revenue and Customs SC 1-Jul-2015
Interpretation of Double Taxation Agreements
This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.573171

Melli Bank Plc v Council of The European Union: ECFI 20 Feb 2013

ECFI Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Entity wholly owned by an entity identified as being involved in nuclear proliferation – Plea of illegality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection
Pelikanova P
T-492/10, [2013] EUECJ T-492/10
Bailii
European

Updated: 13 October 2021; Ref: scu.471151

Regina v Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur: HL 20 Dec 2000

The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore an asylum seeker returned to those countries would in turn face return to his country of origin. Accordingly neither France and Germany was a safe country for return in these circumstances. There can be only one correct interpretation of the treaty, and cases of dispute, should be dealt with by the International Court of Justice under article 38. In the absence of such a decision, national courts must make their decisions, but do so untrammelled by national legal culture. No criticism was intended of interpretations adopted in good faith by Germany and by France.
Lord Slynn observed that an international treaty has only one meaning. The courts: ‘cannot simply adopt a list of permissible or legitimate or possible or reasonable meanings and accept that any one of those when applied would be in compliance with the Convention.’
Times 20-Dec-2000, Gazette 25-Jan-2001, [2001] 1 All ER 593, [2001] 2 WLR 143, [2000] UKHL 67, [2001] 2 AC 477
House of Lords, House of Lords, Bailii
Geneva Convention and Protocol relating to the Status of Refugees 1951 (1951) (Cmd 9171)
England and Wales
Citing:
See AlsoAdan v Secretary of State for the Home Department HL 6-Apr-1998
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted . .

Cited by:
CitedMohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department QBD 24-Jan-2002
The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for . .
CitedSepet and Bulbil v Secretary of State for the Home Department HL 20-Mar-2003
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to . .
CitedHoxha and Another v Secretary of State for the Home Department HL 10-Mar-2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of . .
CitedHC v Secretary of State for the Home Department CA 20-Jul-2005
The applicant challenged refusal of his asylum application saying that the court had failed to take account of the fact that as a homosexual moslem, he would face persecution if returned home.
Held: The IAT had not properly recognised that at . .
CitedRegina (Nadarajah) v Secretary of State for the Home Department Admn 2-Dec-2002
The Claimant was a Tamil from Sri Lanka claiming asylum. He was married in 1991; his wife was also Tamil. In 1995 his claim for asylum in Germany failed. What then happened was disputed. The Claimant said that he voluntarily returned to Sri Lanka, . .
CitedRegina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
CitedIn re D (A Child), (Abduction: Rights of Custody) HL 16-Nov-2006
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return.
Held: The mother’s appeal succeeded. The Convention . .
CitedSecretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
CitedReyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.87923

Abnett v British Airways Plc (Scotland): IHCS 28 Apr 1995

A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention.
Lord Allanbridge, Lord Mayfield and Lord Clyde
Times 22-Jun-1995, 1996 SLT 529
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929
Scotland
Citing:
DistinguishedGatewhite v Iberia Lineas Aereas de Espana SA 1990
In a contract for the carriage of goods by air, the court considered whether the owner of goods who had not been named as the consignor or consignee on the air waybill was entitled to sue the carrier for damages to the goods while in transit.
Cited by:
Appeal fromSidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same HL 13-Dec-1996
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.77611

Shanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank: HL 2 Jul 2001

Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with transactions in matters covered by the UN resolution. The company went into liquidation, and sought claims under the guarantees from the bank. The bank agreed liability if it could itself be excused liability to the Iraqi company. It was held that the intention was to create a permanent prohibition. To hold otherwise would risk reviving contractual obligations which could no longer be performed. The ban might end but prohibition on the enforcement of earlier contracts must remain.
Bingham, Steyn, Hope, Hobhouse, Scott L
Times 02-Jul-2001, Gazette 23-Aug-2001, [2001] UKHL 31, [2001] 1 WLR 1462, [2001] 3 CMLR 14
Bailii, House of Lords
Council Regulation (EEC) 3541/92
England and Wales
Citing:
Appeal fromShanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20 CA 25-May-2000
. .
At first instanceShanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another ComC 17-Dec-1999
The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore . .
CitedLitster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
CitedWilliam Dowling v Ireland, Attorney General and Minister for Agriculture and Foods ECJ 22-Oct-1992
Europa The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.89187

Gaudiya Mission and Others v Kamalaksha Das Brahmachary: ChD 14 Mar 1997

There was a dispute as to the management and ownership of the London Temple of the plaintiff, a Vaishnava religious sect in India.
Held: The proceedings were charity proceedings within section 33(8), because they are proceedings brought under the Court’s jurisdiction in respect of trusts in relation to the administration of a trust for charitable purposes. A foreign registered charity operating in UK is subject to Charities Act jurisdiction. The court found that the plaintiff was a Charity, and that the Attorney-General should be joined.
David Oliver QC
Times 01-Apr-1997
Charities Act 1993 33(2) 33(8) 96(1)
England and Wales
Cited by:
Appeal fromGaudiya Mission and others v Brahmachary CA 30-Jul-1997
The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.80771

Khaled and Another v The Secretary of State for Foreign and Commonwealth Affairs and Others: Admn 15 Jun 2017

The Claimants were designated by the UN Sanctions Committee in 2007 and 2008 respectively as individuals suspected of being associated with Al-Qaida and the Libyan Islamic Fighting Group, and of being involved in terrorism. They sought judicial review of the decisions following that designation.
Jay J
[2017] EWHC 1422 (Admin)
Bailii
Justice and Security Act 2013
England and Wales
Cited by:
CitedBelhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.588884

Shagang Shipping Company Ltd v HNA Group Company Ltd: CA 23 Jul 2018

Appeal from finding that a contract award had not been obtained by bribery. The defendant said that the confessions of bribery had been extracted by torture and appealed a finding that the contract was enforceable.
Held: The appeal succeeded. The judge failed to ask and answer the correct legal question as to what weight should be accorded to the confession evidence and failed to take all the appropriate matters into account and to exclude irrelevant matters in considering whether the alleged bribe was paid. As a matter of law, if an allegation that a statement was made as a result of torture has not been proved on the balance of probabilities, a court when estimating the weight to be given to the statement as hearsay evidence in civil proceedings must entirely disregard the possibility that the statement was obtained by torture, even if on the evidence given at trial the court considers this to be a serious possibility which it cannot rule out.
The judge’s decision was ‘unsustainable’: ‘The judge did not follow the logical steps necessary to reach a proper evaluation of the admissible evidence. He failed to ask and answer the correct legal question as to what weight should be accorded to the admissions evidence. The judge ought to have said why he was unable to place any reliance on the admissions, if that was his view. The judge also fell into legal error in failing to take all the appropriate matters into account in deciding the crucial bribery issue. As we have also said, the judge failed to exclude irrelevant matters (including his lingering doubt as to whether the admissions were procured by torture) in considering whether the alleged bribe was paid.’
Sir Geoffrey Vos, Chancellor of the High Court, Lord Justice Newey, and Dame Elizabeth Gloster DBE
[2018] EWCA Civ 1732
Bailii
England and Wales
Citing:
Appeal fromShagang Shipping Company Ltd v HNA Group Company Ltd ComC 16-May-2016
It was said that a contract had been procured only by bribery. The defendant said that the so called confessions had been obtained by torture, and were inadmissible. No one with first-hand knowledge of the alleged bribery or torture gave evidence . .

Cited by:
Appeal fromShagang Shipping Company Ltd v HNA Group Company Ltd SC 5-Aug-2020
Allegations had been made that a contract had been procured by bribery. The other party said that the admissions of bribery had been extracted by torture and were inadmissible. The CA had decided that the unproven possibility that it was obtained by . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.620479

Re ITUA BBA International Ltd: ChD 28 Jun 2012

The court was asked as to the interpretation of the 2007 Regulations where the intended eventual company had been formed only for this purpose.
Held: The phrase existing transferee company’ in the regulation attempted no more than to exclude from the regulations a a transferee company which had been solely incorporaded to stand as a transeferee company,
Henderson J
[2012] EWHC 1783 (Ch), [2013] Bus LR 490, [2012] WLR(D) 187
Bailii, WLRD, WLRD
Companies (Cross-Border Mergers) Regulations 2007 3(1)
England and Wales

Updated: 24 June 2021; Ref: scu.461758

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.
[1977] IR 307
England and Wales
Cited by:
CitedSpice 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 . .

These lists may be incomplete.
Updated: 08 May 2021; Ref: scu.194201

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.
Times 01-Mar-2000, Gazette 24-Feb-2000
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
England and Wales
Citing:
See AlsoMolins Plc v GD Spa PatC 2-Feb-2000
. .

Cited by:
Appeal fromMolins 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 . .

These lists may be incomplete.
Updated: 08 May 2021; Ref: scu.83798

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.
Lord Dyson MR, Hallett, McFarlane LJJ
[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
Bailii, WLRD
Crime (International Co-operation) Act 2003
England and Wales
Citing:
See AlsoGohil 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:
CitedTchenguiz 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 AlsoGohil 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 AlsoGohil 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 . .

These lists may be incomplete.
Updated: 23 April 2021; Ref: scu.466289

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.
Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611
State Immunity Act 1978 14(1)
England and Wales
Citing:
At QBDRegina 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:
CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedJones 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 . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

These lists may be incomplete.
Updated: 21 April 2021; 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
Mengozzi AG
C-583/10, [2012] EUECJ C-583/10
Bailii
Directive 98/59/EC
European
Citing:
At EATUnited 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 SCThe 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 ECJUnited 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:
OpinionUnited 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 – . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.465003

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
C-154/11, [2012] EUECJ C-154/11 – O
Bailii
European
Cited by:
OpinionMahamdia 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 . .

These lists may be incomplete.
Updated: 19 April 2021; Ref: scu.463203

Airbus Industrie Gie v Patel and Others: CA 12 Aug 1996

The policy allowing restraint of foreign proceedings was not limited to protecting proceedings here. An injunction to restrain proceedings given here after a dismissal of a similar case in the US was proper.
Times 12-Aug-1996, Gazette 02-Oct-1996
England and Wales
Citing:
Appeal fromAirbus Industrie Gie v Patel and Others QBD 21-May-1996
A court may grant an anti-suit injunction restricting proceedings but only very rarely. . .

Cited by:
Appeal fromAirbus Industrie G I E v Patel and Others HL 18-Mar-1999
An Indian Airlines Airbus A-320 crashed at Bangalore airport after an internal Indian flight. The plaintiff passengers lived in England. Proceedings began in Bangalore against the airline and the airport authority. The natural forum was the . .

These lists may be incomplete.
Updated: 12 April 2021; Ref: scu.77690

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’.
Phillips LJ
Times 15-Feb-1996, [1996] QB 702
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929
England and Wales
Cited by:
CitedGKN 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 . .
CitedLaroche 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 . .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.83735

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.
Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde, Lord Saville
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
House of Lords, Bailii
Brussels Convention 1968 Art 22, Civil Jurisdiction and Judgments Act of 1982 22
England and Wales
Citing:
Appeal fromSarrio SA v Kuwait Investment Authority CA 14-Nov-1996
. .
Appeal fromSarrio SA v Kuwait Investment Authority CA 12-Aug-1996
. .
CitedThe 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 InstanceSarrio 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:
See AlsoSarrio SA v Kuwait Investment Authority CA 14-Nov-1996
. .
CitedCasio 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 . .
CitedIn 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 . .

These lists may be incomplete.
Updated: 01 April 2021; Ref: scu.89014

Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the letters of credit.
Held: (Lord Mance DPSC and Lord Neuberger of Abbotsbury dissenting) The appeal was allowed. The defendant was, under the contract, and remained the beneficiary of the letters and was the only proper owner of the debts due from the French bank. The Central Bank of Iraq, having no beneficial interest in the contract had no say in the chosen means of execution.
The situs in law of this debt was London, being the legal residence of the debtor.
Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge
[2017] UKSC 64, UKSC 2015/0199, [2017] WLR(D) 701, [2018] AC 690, [2017] 3 WLR 1170
Bailii, Bailii Summary, SC, SC Summary, SC 20170321 am Video, SC Summary Video, SC 20170321 pm Video, SC 20170322 am Video, SC 20170322 pm Video, WLRD
England and Wales
Citing:
At ComC (1)Taurus Petroleum Ltd v State Oilmarketing Company ComC 18-Nov-2013
The parties referred their contract disputes to an arbitration in London which was to apply Iraqi law. As to enforcement of the award, the defendant denied that they were situated in London.
Held: The debts were situated in London rather than . .
At ComC (2)Taurus Petroleum Led v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq ComC 18-Nov-2013
. .
Appeal fromTaurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq CA 28-Jul-2015
The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed . .
CitedSociete Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
OverruledPower Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
CitedHL Boulton Co v Banque Royale du Canada 1994
(Superior Court of Quebec) The defendant asked the court to decline jurisdiction under article 3135 of the Civil Code, which provides that even though a Quebec authority has jurisdiction to hear a dispute, it may exceptionally decline jurisdiction . .
CitedAlessandra Yarns llc v Tongxiang Baoding Textile Co Ltd 6-Feb-2015
(Superior Court of Quebec) The Court was asked whether the fraud exception to a letter of credit had been met such that the court should issue an interlocutory injunction to prevent the beneficiary claiming under the letter of credit. There were . .
CitedRe General Horticultural Company, Ex parte Whitehouse ChD 1886
Wills, to whom a sum had been allowed in a winding up for work done for the liquidator, charged the amount due to him as security for the payment of three debts, the total amount of which exceeded the sum due to him from the company. Notice of the . .
CitedRogers v Whitely QBD 1889
Money in a bank account included money of which the judgment debtor was trustee.
Held: That money could not be ordered to be paid to the judgment creditor who obtained the charging order: ‘he can only obtain payment out of the debtor’s own . .
CitedWilliams v Everett And Others 25-Nov-1811
. .
CitedGibson v Minet And Another 28-Feb-1824
. .
CitedWebb v Stanton CA 1883
A garnishee order was obtained against a trustee purporting to attach the beneficiary’s share of the trust income. No income was however in the trustee’s hands which he was at that time due to pay to the beneficiary.
Held: The garnishee order . .
CitedRekstin v Severo Sibirsko Gosudarstvennoe Aksionernoe Obschestvo Koseverputj and the Bank for Russian Trade Ltd CA 1932
The plaintiff sought to enforce payment of a judgment in his favour against the defendant (the Severo Sibirsko Bureau) by service of a garnishee order nisi on the Bureau’s bank, the Bank for Russian Trade. The order was served less than an hour . .
CitedDunlop and Ranken Ltd v Hendall Steel Structures Ltd CA 1957
There was no debt arising under a building contract which could be the subject of a garnishee order where there was no ’cause of action’ and no debt until an architect’s certificate had been issued.
Lord Goddard CJ said: ‘. . until the . .
CitedMerchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy and Another CA 10-Dec-2014
he debt sought to be attached was said to be owed by a bank to the judgment debtor Naftogaz. But the bank had received the money from Naftogaz as the agent bank under a loan agreement for distribution to the loanholders. It was not therefore, in the . .
CitedFerrera v Hardy CA 7-Oct-2015
H appealed from a decision to set aside a third party debt order which he had obtained over a debt he said was due to F from Liverpool City Council in respect of housing benefit owed to F as rent for one of F’s tenants.
Held: A judgment . .
CitedWood v Capita Insurance Services Ltd SC 29-Mar-2017
Construction of term of contract for the sale and purchase of the entire issued share capital of a company.
Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty . .

These lists may be incomplete.
Updated: 20 March 2021; Ref: scu.597671

Re LSDC (A Child): FD 24 Apr 2012

Application for registration, recognition and enforcement of a Judgment of the Portuguese Court pursuant to Council Regulation (EC) 2201/2003 and consequential orders for stay of proceedings in the UK on the basis that the Portuguese Court has jurisdiction to determine issues in relation to the child.
Macur DBE J
[2012] EWHC 983 (Fam)
Bailii
England and Wales

Updated: 13 March 2021; Ref: scu.460529

Bayfine UK v HM Revenue and Customs: CA 23 Mar 2011

The revenue appealed against the confirmation of the grant of double taxation relief to the taxpayer company. The Court was asked whether the UK company was entitled under article 23(2)(a) to a credit, to set against UK tax on its profits, in respect of the US tax which had been paid by its US parent on the same profits. The Commissioners submitted that domestic law did not apply to ‘source’ for the purpose of article 23, because article 23 contained its own comprehensive clause for defining ‘source’: it was a free-standing treaty concept which applied for all the purposes of that article. Held; The court accepted the submission.
Arden LJ said that ‘article 23(3) contains its own rule as to how source [is] to be determined, save where tax has been imposed on the basis of citizenship’.
Arden, Pitchford, Tomlinson LJJ
[2011] EWCA Civ 304, [2012] Bus LR 796, [2011] STI 1208, 13 ITL Rep 747, [2012] 1 WLR 1630, [2011] STC 717, [2011] BTC 242
Bailii
England and Wales
Citing:
Appeal fromBayfine UK v Revenue and Customs ChD 23-Mar-2010
. .

Cited by:
CitedAnson v Revenue and Customs SC 1-Jul-2015
Interpretation of Double Taxation Agreements
This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not . .

These lists may be incomplete.
Updated: 06 March 2021; Ref: scu.430825

Servaas Inc v Rafidain Bank and Others: ChD 14 Dec 2010

Application for third party debt order.
Arnold J
[2010] EWHC 3287 (Ch)
Bailii
State Immunity Act 1978 13(4)
England and Wales
Cited by:
See AlsoServaas 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 . .
At Administrative CourtSerVaas 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, . .

These lists may be incomplete.
Updated: 03 March 2021; Ref: scu.427407

Purrucker v Valles Perez (No 2): ECJ 9 Nov 2010

Area Of Freedom, Security And Justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Action on the merits relating to custody of a child and application for provisional measures relating to the right of custody of the same child
C-296/10, [2010] EUECJ C-296/10, ECLI:EU:C:2010:665, [2011] Fam 312, [2011] 3 WLR 1040, [2011] ILPr 14
Bailii
European
Citing:
See AlsoPurrucker v Valles Perez ECJ 20-May-2010
EU (Opinion) Area Of Freedom, Security And Justice – Recognition and enforcement of judgments in matters of parental responsibility Provisional measures Custody. . .
See AlsoPurrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .

These lists may be incomplete.
Updated: 01 March 2021; Ref: scu.426022

John Mcleod v The Attorney General New South Wales: PC 23 Jul 1891

The claimant appealed against his conviction in New South Wales for bigamy. He had married originally in New South Wales, but then a second time in Missouri in the US.
Held: The court in New South Wales did not have jurisdiction. The crime alleged occurred on the second marriage which was not within the jurisdiction of the NSW court.
[1891] UKPC 31, [1891] AC 455
Bailii
Australia

Updated: 25 February 2021; Ref: scu.417743

Deticek v Sgueglia: ECJ 23 Dec 2009

ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody Decision enforceable in a Member State Wrongful removal of the child Other Member State Other court Custody of the child granted to the other parent Jurisdiction Urgent preliminary ruling procedure.
‘Since article 20(1) of Regulation No 2201/2003 authorises a court which does not have jurisdiction as to the substance to take, exceptionally, a provisional measure concerning parental responsibility, it must be considered that the concept of urgency in that provision relates both to the situation of the child and to the impossibility in practice of bringing the application concerning parental responsibility before the court with jurisdiction as to the substance.’
K. Lenaerts, P
[2009] ECR I-12193, [2009] EUECJ C-403/09, [2010] 1 Fam 104, ECLI:EU:C:2009:810, [2010] 3 WLR 1098,, [2010] Fam 104
Bailii
Regulation No 2201/2003 20(1)
European
Cited by:
CitedIn re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .

These lists may be incomplete.
Updated: 21 February 2021; Ref: scu.384491

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain.
Phillips J
[1994] EWHC QB 1, [1996] 1 WLR 920, [1994] ILPr 731, [1994] 3 All ER 42
Bailii
Brussels Convention on Civil Jurisdiction and Judgments 1968, Civil Liability (Contribution) Act 1978 1, Civil Jurisdiction and Judgments Act 1982
Citing:
CitedHaqen v Zeehaqhe ECJ 1990
ECJ ‘Article 6(2) makes provision for a special jurisdiction, which the Plaintiff may choose because of the existence, in clearly defined situations, of a particularly close connecting factor between a dispute . .
CitedSomafer Sa v Saar-Ferngas Ag ECJ 22-Nov-1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the . .
CitedKalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others ECJ 27-Sep-1988
kalfelisECJ1988
ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought . .

These lists may be incomplete.
Updated: 21 February 2021; Ref: scu.383805

Duff Development Co v Kelantan Government: HL 1924

Lord Sumner suggested that in the absence of a clear statement of the position from the Government, the court might be entitled to decide whether a defendat had the benefit of state immunity for itself on the basis of the evidence before it.
A foreign state cannot be impleaded in the English courts without its consent.
Lord Cave said that as regards state immunity: ‘It is the duty of the Court to accept the statement of the Secretary of state thus clearly and positively made as conclusive upon the point.’
Lord Sumner, Lord Cave
[1924] AC 797, [1924] All ER 1
England and Wales
Citing:
ReversedBritish Wagon Co Ltd v Gray 1896
. .

Cited by:
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .

These lists may be incomplete.
Updated: 20 February 2021; Ref: scu.441560

Bekleyen v Land Berlin: ECJ 29 Oct 2009

ECJ (External Relations) Opinion – EEC-Turkey Association Agreement Free movement of workers Article 7, second paragraph, of Decision No 1/80 of the Association Council The right of the child of a Turkish worker to respond to any offer of employment in the host Member State where he has completed a vocational training situation of the child who begins his training on a date on which his parents, who have been in regular employment in the host State for more than three years, have left that State for ten years Article 59 of the Additional Protocol More favorable treatment than that accorded to nationals of Member States
C-462/08, [2009] EUECJ C-462/08 – O
Bailii
European
Cited by:
OpinionBekleyen v Land Berlin ECJ 21-Jan-2010
EEC-Turkey Association Agreement Second paragraph of Article 7 of Decision No 1/80 of the Association Council Right of the child of a Turkish worker to respond to any offer of employment in the host Member State in which that child has completed a . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.380275

Re S (A Child) (Foreign Contact Order): CA 16 Jun 2009

The registration of an order under BIIR is ‘essentially administrative, although it requires a judicial act’
Thorpe, Wall LJJ
[2009] EWCA Civ 993, [2010] 1 FCR 258, [2010] 1 FLR 982, [2009] Fam Law 1138
Bailii
England and Wales
Cited by:
CitedIn re D (A Child) SC 22-Jun-2016
F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.375596

in Re B; RB v FB and MA (Forced Marriage: Wardship: Jurisdiction): FD 15 Apr 2008

The court exercised the wardship jurisdiction in respect of a 15 year old girl born and brought up in Pakistan, who had never been here but did have dual Pakistani and British nationality. She had gone to the High Commission in Islamabad asking to be rescued from a forced marriage and helped to come to Scotland to live with her half-brother. The High Commission wanted to help her but felt unable to do so without the backing of a court order. Hogg J made the girl a ward of court and ordered that she be brought to this country. The half-brother was assessed as offering a suitable home and in fact she went to him. Hogg J explained that she thought the circumstances ‘sufficiently dire and exceptional’
Hogg J
[2008] 2 FLR 1624, [2008] Fam Law 983, [2008] EWHC 1436 (Fam)
Bailii
England and Wales
Cited by:
CitedA v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .

These lists may be incomplete.
Updated: 11 February 2021; Ref: scu.278550

City of London v Sancheti: CA 21 Nov 2008

The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested another.
Held: He could not claim the benefit of the treaty. He sought to impose the burden of the treaty on a private company. That was not its intention.
Lord Justice Laws, Lord Justice Richards and Lord Justice Lawrence Collins
[2008] EWCA Civ 1283, Times 01-Dec-2008
Bailii
Arbitration Act 1996 9
England and Wales

Updated: 11 February 2021; Ref: scu.278208

Akers and Others v Samba Financial Group: SC 1 Feb 2017

Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been transferred to the defendants, and the liquidators now sought to have the transfer set aside as having been in breach of trust.
Held: Samba’s appeal succeeded. The transfer to Samba did not dispose of any rights belonging to SICL within the meaning of s. 127.
In the eyes of English law, a trust may be created, exist and be enforceable in respect of assets located in a jurisdiction, the law of which does not recognise trusts in any form.
At common law, the interest created by a trust depends on the law governing the trust. The lex situs may treat a disposition of shares to a third party as overriding any interest of the beneficiary in the shares. Even so, a common law trust may exist in respect of those shares. A trust can be created, exist and be enforced in respect of assets located in a jurisdiction such as Saudi Arabia, the law of which does not recognise trusts in any form.
The Hague Convention does not change this conclusion, since one of its aims was exactly to provide for the recognition of trusts in jurisdictions which did not themselves know of the institution.
Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Collins
[2017] 1 BCLC 151, [2017] WTLR 373, [2017] UKSC 6, [2017] WLR(D) 57, [2017] 2 All ER 799, [2017] 2 WLR 713, [2017] 2 All ER (Comm) 97, [2017] BPIR 263, [2017] AC 424, UKSC 2015/0009
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Video Summary
Cross-Border Insolvency Regulations 2006, Insolvency Act 1986 127 436
England and Wales
Citing:
At First InstanceAkers and Others v Samba Financial Group ChD 28-Feb-2014
Samba sought a stay of insolvency proceedings. Shares in a Saudi company were held in trust by a company registered in Cayman. Upon that company going into liquidation, the shares were transferred to the defendant, who now argued that since Saudi . .
Appeal fromAkers and Others v Samba Financial Group CA 4-Dec-2014
Shares in a Saudi company were held I trust for a Cayman company which had gone into liquidation. Saudi law did not recognise such trusts, and the parties now disputed which was the forum conveniens.
Held: The liquidators’ appeal succeeded. . .
CitedOrr Ewing v John Orr Ewing and Co and Orr Ewing’s Trustees HL 5-Dec-1882
A contract of copartnery provided that in the event of the death of any of the partners the surviving and solvent partners who should continue the business should pay out to the representatives of the deceased the amount at his credit in the books . .
CitedAttorney General v Jewish Colonization Association 1901
The court was asked whether on the death of the settlor and the termination of his life interest, the foreign shares held on trust were taxable as on a succession. . .
CitedBritish South Africa Co v De Beers Consolidated Mines Ltd CA 1910
The equitable rule against clogging the equity of redemption of a mortgage applied to a contract governed by English law and would be enforced against a contracting party as regards land abroad in a state where the equity of redemption may not be . .
CitedIn re Berchtold 1923
. .
CitedArcher Shee v Garland HL 15-Dec-1930
The parties disputed the taxpayer’s liability to income tax on income coming due to her on an American based family trust.
Held: A beneficiary in a fully administered deceased estate has an equitable interest in property which is the subject . .
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
CitedDuke of Marlborough v Attorney General 1945
The Court was asked whether foreign shares held on trust were taxable as on a succession on the death of the beneficiary of the trust.
Held: The proper law of a marriage settlement ‘can only be the law by reference to which the settlement as . .
CitedRe Philipson-Stow HL 1961
The section excluded from liability for estate duty property ‘passing on the death which is situate out of Great Britain if it is shown that the proper law regulating the devolution of the property situate, or the disposition under or by reason of . .
CitedMacmillan 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 . .
CitedDeschamps v Miller 1908
The parties disputed land in India. A French couple, had married in France in community of property. So according to the French marriage contract the wife was supposed to be entitled to one half of the husband’s after-acquired property. The husband . .
CitedDeschamps v Miller 1908
The parties disputed land in India. A French couple, had married in France in community of property. So according to the French marriage contract the wife was supposed to be entitled to one half of the husband’s after-acquired property. The husband . .
CitedLake v Bayliss 1974
As to the sale of land: ‘ It is by reason of this trusteeship that the vendor who breaks his contract of sale by reselling to someone else has been held to be accountable to the first intended purchaser for the proceeds of sale.’ . .
CitedLightning v Lightning Electrical Contractors Ltd CA 1998
Mr K asserted beneficial ownership under a resulting trust over land in Scotland bought by an English company to which he had advanced the purchase price. Scots law, the lex situs of the land, did not recognise any equitable interest. The company . .
CitedLuxe Holding Ltd v Midland Resources Holding Ltd ChD 23-Jul-2010
Midland agreed to sell to Luxe shares in 20 companies, 17 of which were incorporated in Russia or the Ukraine, with the lex situs of the shares in them being also there. Midland defaulted, sold the shares in the Russian and Ukrainian companies . .
CitedBristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
CitedClark and Whitehouse (Joint Administrators of Rangers Football Club Plc), Re Directions SCS 23-Mar-2012
(Outer House) Contracts were made in 2011 and subject to English law, between Rangers and two English limited liability partnerships (together ‘Ticketus’). Under the contracts, Ticketus had paid Rangers large sums for future tranches of season . .
CitedGlasgow City Council v Springboig St John’s School and Another SCS 27-Mar-2014
The civil law concept of patrimony has been developed to explain the protection of trust property held by a trustee against claims by the trustee’s personal creditors . .
CitedSaunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
CitedAyerst (Inspector of Taxes) v C and K (Construction) Ltd HL 1976
A resolution or order for winding up of a company divests it of the beneficial interest in its assets. They become a fund which the company thereafter holds in trust to discharge its liabilities. Where a company is wound up in this country, its . .
CitedIndependent Trustee Services Ltd v GP Noble Trustees Ltd and Others CA 28-Feb-2012
Lloyd LJ said: ‘a transferee of the legal title to property under a disposition made in breach of trust, or a successor in title to such a person, does not have the beneficial title to the property, which remains held on the original trusts, unless . .
CitedIndependent Trustee Services Ltd v GP Noble Trustees Ltd and Others CA 28-Feb-2012
Lloyd LJ said: ‘a transferee of the legal title to property under a disposition made in breach of trust, or a successor in title to such a person, does not have the beneficial title to the property, which remains held on the original trusts, unless . .
CitedIn re Earl Leven, Inland Revenue Comrs v Williams Deacon’s Bank Ltd ChD 1954
Wynn-Parry J said: ‘the word ‘disposition’, taken by itself, and used in its most extended meaning, is no doubt wide enough to include the act of extinguishment’, but he rejected such a wide interpretation of that word in the Finance Act 1940, . .
CitedInland Revenue Commissioners v Buchanan CA 1958
The surrender of a life interest under a will trust in favour of those people entitled in remainder operated as a ‘disposition’ of that life interest for the purposes of sections 20 and 21 of the Finance Act 1943.
Jenkins LJ specifically . .
CitedRe Mal Bower’s Macquarie Electrical Centre Pty Ltd (in liquidation) 1974
The liquidator made a claim against the bank for the amount of the Payments had been made out of the company’s bank account between the date of the petition and the date of the order and the date when the account was subsequently closed.
Held: . .
CitedIn re J Leslie Engineers Co Ltd 1976
The director of a company between presentation of a petition to wind up and the making of the order paid over pounds 1050 to a creditor for work done. Of this sum, pounds 800 was paid by way of a cheque drawn on the personal account of the director . .
CitedBristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
CitedRe S A and D Wright Ltd, Denney v John Hudson and Co Ltd CA 1992
Fox LJ said: ‘A disposition carried out in good faith in the ordinary course of business at a time when the parties were unaware that a petition had been presented would usually be validated by the court unless there is ground for thinking that the . .
CitedEl Ajou v Dollar Land Holdings Ltd CA 2-Dec-1993
The court was asked whether, for the purposes of establishing a company’s liability under the knowing receipt head of constructive trust, the knowledge of one of its directors can be treated as having been the knowledge of the company.
Held: . .
CitedExpress Electrical Distributors Ltd v Beavis and Others CA 19-Jul-2016
Sales LJ said: validation will ordinarily only be granted ‘if there is some special circumstance which shows that the disposition in question … has been … for the benefit of the general body of unsecured creditors’. . .
CitedAttorney General v Jewish Colonisation Association 1901
. .
CitedCook Industries Inc v Galliher ChD 1979
The plaintiff claimed a declaration that the defendants held a flat in Paris together with its contents in trust for the plaintiff, and made an order compelling the defendants to allow the plaintiff to inspect the flat. The fact that the . .

These lists may be incomplete.
Updated: 09 February 2021; Ref: scu.573799

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ Measures against persons and entities included in a list drawn up by a body of the United Nations Freezing of funds and economic resources Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 Actions for annulment Competence of the Community Joint legal basis of Articles 60 EC, 301 EC and 308 EC Fundamental rights Right to respect for property, right to be heard and right to effective judicial review
[2009] 1 AC 1225, [2008] EUECJ C-402/05, [2009] 3 WLR 872
Bailii
European
Citing:
See AlsoKadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
See AlsoKadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .

Cited by:
CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
CitedWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .

These lists may be incomplete.
Updated: 08 February 2021; Ref: scu.605178

Hafner and Hochstrasser (A Firm), Regina (on the Application of) v Australian Securities and Investments Commission: Admn 5 Mar 2008

The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission.
Held: The decision of the defendant court was based on an unsound appraisal of the law, and the matter would be remitted for reconsideration. The parties had agreed a way forward and it ws unclear why the court had not gone long with it.
[2008] EWHC 524 (Admin)
Bailii
Crime (International Co-Operation) Act 2003, European Connevtion on Human Rights 8
England and Wales
Citing:
CitedNiemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
CitedRegina v Southampton Crown Court ex parte J and P 21-Dec-1992
A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under . .
CitedZ v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
CitedFunke v France ECHR 25-Feb-1993
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. . .

These lists may be incomplete.
Updated: 07 February 2021; Ref: scu.266961

PJSC Rosneft Oil Company, Regina (on The Application of) v Her Majesty’s Treasury and Others: ECJ 28 Mar 2017

ECJ (Judgment : Common Foreign and Security Policy (CFSP) – Restrictive Measures) Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Provisions of Decision 2014/512/CFSP and Regulation (EU) No 833/2014 – Validity – Jurisdiction of the Court – EU-Russia Partnership Agreement – Obligation to state reasons – Principles of legal certainty and nulla poena sine lege certa – Access to capital markets – Financial assistance – Global Depositary Receipts – Oil sector – Request for interpretation of concepts of ‘shale’ and ‘waters deeper than 150 metres’ – Inadmissibility
ECLI:EU:C:2017:236, [2017] EUECJ C-72/15, [2017] WLR(D) 214, [2017] 3 WLR 1031, [2018] QB 1
Bailii, WLRD
European
Cited by:
CitedWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .

These lists may be incomplete.
Updated: 06 February 2021; Ref: scu.581155

Purrucker v Valles Perez: ECJ 20 May 2010

EU (Opinion) Area Of Freedom, Security And Justice – Recognition and enforcement of judgments in matters of parental responsibility Provisional measures Custody.
C-256/09, [2010] EUECJ C-256/09 – O
Bailii
European
Cited by:
OpinionPurrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .
See AlsoPurrucker v Valles Perez (No 2) ECJ 9-Nov-2010
Area Of Freedom, Security And Justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – . .

These lists may be incomplete.
Updated: 22 January 2021; Ref: scu.416435

The Parlement Belge: CA 1879

An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign as is as least as great as the immunity of an ambassador.’
Brett LJ said that the reason for a sovereign’s immunity is ‘the character of the sovereign authority, its high dignity, whereby it is not subject to any superior authority of any kind,’ and he referred to Vattel’s statement: ‘S’il est venu en voyageur, sa dignite seule, et ce qui est du a la nation qu’il represente et qu’il gouverne, le met a couvert de toute insulte, lui assure des respects et toute sorte d’egards, et l’exempte de toute juridiction.’
‘From all these authorities it seems to us, although other reasons have sometimes been suggested, that the real principle on which the exemption of every sovereign from the jurisdiction of every court has been deduced is that the exercise of such jurisdiction would be incompatible with his regal dignity – that is to say, with his absolute independence of every superior authority. By a similar examination of authorities we come to the conclusion, although other grounds have sometimes been suggested, that the immunity of an ambassador from the jurisdiction of the courts of the country to which he is accredited is based upon his being the representative of the independent sovereign or state which sends him, and which sends him upon the faith of his being admitted to be clothed with the same independence of and superiority to all adverse jurisdiction as the sovereign authority whom he represents would be.
It has been held that an ambassador cannot be personally sued, although he has traded; and in both cases because such a suit would be inconsistent with the independence and equality of the state which he represents. If the remedy sought by an action in rem against public property is, as we think it is, an indirect mode of exercising the authority of the court against the owner of the property, then the attempt to exercise such an authority is an attempt inconsistent with the independence and equality of the state which is represented by such an owner. The property cannot upon the hypothesis be denied to be public property; the case is within the terms of the rule; it is within the spirit of the rule; therefore, we are of opinion that the mere fact of the ship being used subordinately and partially for trading purposes does not take away the general immunity.’
. . And: ‘In a claim made in respect of a collision the property is not treated as the delinquent per se. Though the ship has been in collision and has caused injury by reason of the negligence or want of skill of those in charge of her, yet she cannot be made the means of compensation if those in charge of her were not the servants of her then owner, as if she was in charge of a compulsory pilot. This is conclusive to shew that the liability to compensate must be fixed not merely on the property but also on the owner through the property. If so, the owner is at least indirectly impleaded to answer to, that is to say, to be affected by, the judgment of the court … To implead an independent sovereign in such a way is to call upon him to sacrifice either his property or his independence. To place him in that position is a breach of the principle upon which his immunity from jurisdiction rests. We think that he cannot be so indirectly impleaded, any more than he could be directly impleaded. The case is, upon this consideration of it, brought within the general rule that a sovereign authority cannot be personally impleaded in any court.’
Brett LJ
(1880) LR 5 PD 197
England and Wales
Citing:
Appeal fromThe Parlement Belge AdCt 1879
Proceedings in rem were served on a mail packet owned by Belgium which had been involved in a collision. . .

Cited by:
CitedHiggs and Mitchell v The Minister of National Security and others PC 14-Dec-1999
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
Held: The appeals failed. The Bahamas was a member of the Organisation of American States, . .
CitedBaccus SRL v Servicio Nacional Del Trigo CA 1956
The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s . .
CitedAziz v Republic of Yemen CA 17-Jun-2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity.
Held: Section 2(7) of . .
CitedDe Haber v The Queen of Portugal 1851
Orse In the Matter of Wadsworth and R of Spain In the Matter of De Haber and R of Portugal
Property in England, belonging to a foreign sovereign prince in his public capacity, cannot be seized under process in a suit instituted against him in . .
CitedAziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

These lists may be incomplete.
Updated: 15 January 2021; Ref: scu.182816

Westland Helicopters Ltd v Arab Organisation for Industrialisation: 1995

International arbitration proceedings under a joint venture agreement had led to an award in Westland’s favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. Colman J was faced with a claim by an Egyptian intervener to be the same as (or a successor to) the Organisation by virtue of domestic Egyptian laws. The justification for such laws was in issue but was said by the intervener to lie in an international law principle of necessity which was in turn said to be invoked by breach by the other member states setting up the Organisation of the treaty by which it was set up. Colman J held such issues to be non-justiciable.
[1995] QB 282
England and Wales
Cited by:
CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
CitedRegina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .

These lists may be incomplete.
Updated: 22 December 2020; Ref: scu.230258

Dubai Bank Ltd v Galadari and Others (No 5): 25 Jun 1990

A British court can legitimately decide whether a foreign plaintiff company was lawfully incorporated.
Times 25-Jun-1990
England and Wales
Citing:
See AlsoDubai Bank Ltd v Galadari CA 1990
A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the ‘pre-existing documents, and even documents on public records, have been selected by a solicitor for the . .
(1990) Ch 98

Cited by:
See AlsoDubai Bank Ltd and Another v Galadari and Others ChD 19-Feb-1992
Photocopies of documents are discoverable even if they may not be themselves good evidence of the documents of which they are copies. . .
Gazette 19-Feb-92
CitedRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another Admn 19-Mar-1998
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus.
Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power . .
[1998] EWHC Admin 341, 112 ILR 735

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.241345

Dubai Bank Ltd v Galadari: CA 1990

A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the ‘pre-existing documents, and even documents on public records, have been selected by a solicitor for the purpose of advising his client and obtaining evidence and the solicitor has exercised skill and judgment in the selection.’
Dillon LJ
(1990) Ch 98
England and Wales
Citing:
CitedChadwick v Bowman CA 1886
The true question as to whether translations of a privileged document themselves attract privilege, is whether the translations ‘really’ came into existence for the purposes of the action. ‘I think that danger would follow if the privilege against . .
(1886) 16 QBD 561
See AlsoDubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
[1990] 1 WLR 731, [1990] Ch 98, [1990] 1 Lloyds Rep 120

Cited by:
CitedBrown and Another v Bennett and Others (No 3) ChD 17-Dec-2001
When a barrister was the subject of an application for a wasted costs order, it was proper to require him to disclose which non-privileged documents he had had sight of, provided that the request was not a way of trying to discover what was in . .
Times 04-Jan-02, Gazette 21-Feb-02
CitedSumitomo Corporation v Credit Lyonnais Rouse Limited CA 20-Jul-2001
Documents had been translated from the Japanese, for the purposes of the litigation. The claimant refused disclosure, arguing that they were privileged, and protected from disclosure, having been prepared for the court proceedings.
Held: The . .
Times 15-Aug-01, Gazette 06-Sep-01, [2001] EWCA Civ 1152, [2001] 2 Lloyd’s Rep 517, [2002] 4 All ER 68, [2002] CP Rep 3, [2001] CPLR 462, [2001] 2 LLR 517, [2002] 1 WLR 479
See AlsoDubai Bank Ltd and Another v Galadari and Others ChD 19-Feb-1992
Photocopies of documents are discoverable even if they may not be themselves good evidence of the documents of which they are copies. . .
Gazette 19-Feb-92
See AlsoDubai Bank Ltd v Galadari and Others (No 5) 25-Jun-1990
A British court can legitimately decide whether a foreign plaintiff company was lawfully incorporated. . .
Times 25-Jun-90

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.181214

Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999

Provided there was sufficient correspondence between the offence alleged to have taken place in Ireland and a serious offence in England, it was proper to order his return to Ireland under an Irish warrant. There is no extradition treaty between the two countries, but the system was properly recorded in the 1965 Act. There was no need for identicality of the offence alleged and the comparable English offence.
Lord Browne-Wilkinson Lord Steyn Lord Cooke of Thorndon Lord Hope of Craighead Lord Clyde
Times 24-Nov-1999, Gazette 01-Dec-1999, [1999] UKHL 46, [1999] 3 WLR 1244, [2000] 1 All ER 113, [2001] 1 AC 84
House of Lords, Bailii
Backing of Warrants (Republic of Ireland) Act 1965 2(2)
Cited by:
CitedNorris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
[2008] UKHL 16, [2008] 2 All ER 1103, [2008] 2 WLR 673

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.85278

Edmunds v Simmonds: QBD 4 Oct 2000

The claimant suffered damages in a road traffic accident in Spain caused by the respondent. A Spanish court would have allowed much lower damages. Such damages should normally be assessed in accordance with the law of the country where the accident happened, but the Act allowed other applicable law to be considered. In this case, both claimant and defendant lived in England, and the majority of damage transpired in England, and the court could and would calculate damages to English standards. The issue was a procedural one, and survived the change in law.
Gartland J said: ‘Even if I had not decided the section 12 point in the claimant’s favour, I would, unless persuaded that Spanish law did not recognise any head of damage recoverable by the claimant, have decided that quantification was purely procedural and should be carried out according to English law in any event.’
Gartland J
Times 21-Nov-2000, [2001] 1WLR 1003
Private International Law (Miscellaneous Provisions) Act 1995 9, 11
Cited by:
CitedHarding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
[2004] EWCA Civ 1735, Times 05-Jan-05, [2005] 1 WLR 1539
CitedRoerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
[2002] All ER (D) 234, [2002] EWCA Civ 21, [2002] 1 WLR 2304

These lists may be incomplete.
Updated: 17 December 2020; Ref: scu.80259

Case Concerning East Timor (Portugal v Australia): ICJ 18 Jul 1995

Indonesia not accepting jurisdiction of International Court of Justice not bound by it. The Court refused, in the absence of Indonesia as a party, to entertain a claim brought by Portugal challenging Australia’s right to conclude a treaty with Indonesia to delimit the continental shelf in the area of the Timor Gap. Portugal’s claim was based on the proposition that it alone remained in law the administering power in respect of East Timor, despite the Portuguese authorities’ withdrawal from East Timor in 1975 followed by Indonesia’s intervention in and control of East Timor since 1975. Portugal’s claim against Australia necessarily depended upon showing that Indonesia had acquired no legal status in respect of East Timor and that Australia and Indonesia therefore had no right to enter into the Treaty. The very subject-matter of Portugal’s claim was the lawfulness of Indonesia’s conduct. But the Court also made clear that it was ‘not necessarily prevented from adjudicating when the judgment it is asked to give might affect the legal interests of a State which is not party to the case’
Times 18-Jul-1995
Cited by:
CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
[2005] EWCA Civ 1116, Times 23-Sep-05, [2006] 2 WLR 70, [2006] QB 432

These lists may be incomplete.
Updated: 17 December 2020; Ref: scu.78931

Bunzl v Martin Bunzl International Ltd and Others: ChD 3 Aug 2000

Security for costs had been ordered against a Swiss resident claimant. Although Switzerland is not in the EU or in the EEA and therefore rules against discrimination against nationals of member states did not apply, Switzerland was still a signatory to the Brussels and Lugano Conventions for enforcement of judgments. The discretion to require security for costs was slightly wider a regards a Swiss national, but the court should still general follow the rule in Fitzgerald. Orders for security for costs against nationals of other EU member states were discriminatory.
Times 19-Sep-2000, Gazette 03-Aug-2000

Updated: 17 December 2020; Ref: scu.78741

Airbus Industrie Gie v Patel and Others: QBD 21 May 1996

A court may grant an anti-suit injunction restricting proceedings but only very rarely.
Times 21-May-1996
Cited by:
Appeal fromAirbus Industrie Gie v Patel and Others CA 12-Aug-1996
The policy allowing restraint of foreign proceedings was not limited to protecting proceedings here. An injunction to restrain proceedings given here after a dismissal of a similar case in the US was proper. . .
Times 12-Aug-96, Gazette 02-Oct-96
At first instanceAirbus Industrie G I E v Patel and Others HL 18-Mar-1999
An Indian Airlines Airbus A-320 crashed at Bangalore airport after an internal Indian flight. The plaintiff passengers lived in England. Proceedings began in Bangalore against the airline and the airport authority. The natural forum was the . .
Times 06-Apr-98, Gazette 07-May-98, [1998] UKHL 12, [1999] 1 AC 119, [1998] 2 All ER 257, [1998] 2 WLR 686

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.77689

Ace Insurance Sa-Nv v Zurich Insurance Company and Another: QBD 6 Sep 2000

The doctrine of ‘forum non conveniens’ could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not restrict the application of the doctrine in this way even for a non-contracting state, where the parties were subject to an express agreement or provision to this effect.
Times 06-Sep-2000
Civil Jurisdiction and Judgments Act 1982
Cited by:
Appeal FromAce Insurance Sa/Nv v Zurich Insurance Co and Another CA 2-Feb-2001
The doctrine of forum non conveniens could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not operate to restrict the . .
Times 27-Feb-01, Gazette 22-Feb-01

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.77626

Jacob and Youngs Inc v Kent: 1921

Court of Appeals of New York. A building contract specified that the plumbing should use a particular type of piping. In fact the builder used a different type of piping. Cardozo J. stated: ‘In the circumstances of this case, we think the measure of the allowance is not the cost of replacement, which would be great, but the difference in value, which would be either nominal or nothing . . It is true that in most cases the cost of replacement is the measure . . The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to the good to be obtained. When that is true, the measure is the difference in value. Specifications call, let us say, for a foundation built of granite quarried in Vermont. On the completion of the building, the owner learns that through the blunder of a subcontractor part of the foundation has been built of granite of the same quality quarried in New Hampshire. The measure of allowance is not the cost of reconstruction. ‘There may be omissions of that which could not afterwards be supplied exactly as called for by the contract without taking down the building to its foundations, and at the same time the omission may not affect the value of the building for use or otherwise, except so slightly as to be hardly appreciable.’
Cardoza J
(1921) 230 NY 239
Cited by:
CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Independent 12-Jul-95, Gazette 06-Sep-95, Times 03-Jul-95, [1996] 1 AC 344, [1995] 3 WLR 118, [1995] UKHL 8, [1995] CLC 905, [1995] 3 All ER 268

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.526102

Winkworth v Christie, Manson and Woods Ltd: ChD 1980

The right to sue in conversion at common law is available to a person who is entitled at the time of the conversion to the immediate possession of the goods.
Slade J discussed the applicability of the law of renvoi in an international dispute about the ownership of goods.
Slade J
[1980] Ch 496
Cited by:
CitedIran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
[2007] EWHC 132 (QB)

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.442756

In re English, Scottish and Australian Chartered Bank: 1893

Vaughan Williams J said: ‘One knows that where there is a liquidation of one concern the general principle is – ascertain what is the domicile of the company in liquidation; let the court of the country of domicile act as the principal court to govern the liquidation; and let the other courts act as ancillary, as far as they can, to the principal liquidation. But although that is so, it has always been held that the desire to assist in the main liquidation – the desire to act as ancillary to the court where the main liquidation is going on – will not ever make the court give up the forensic rules which govern the conduct of its own liquidation.'(
Vaughan Williams J
[1893] 3 Ch 385
Cited by:
CitedCape Plc and Others, Re Companies Act 1985 ChD 16-Jun-2006
The court was asked to sanction a scheme of arrangements, and particularly to approve a proposed scheme which itself contained the power to make amendments to the scheme.
Held: The court did have power to sanction such a proposed scheme of . .
[2006] EWHC 1446 (Ch), Times 05-Jul-06
CitedMcGrath and others v Riddell and others HL 9-Apr-2008
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England.
Held: Once it was accepted that an English court may order the liquidator here to remit funds to a foreign . .
Times 09-Apr-08, [2008] UKHL 21, [2008] 1 WLR 852, [2008] BPIR 581, [2008] Lloyd’s Rep IR 756, [2008] BCC 349, [2008] 3 All ER 869, [2008] Bus LR 905

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.244199

Cruz-Vargas v R J Reynolds Tobacco Company: 2003

(United States Court of Appeals, 1st Circuit) Relatives of a deceased smoker brought a negligence and strict liability suit against a tobacco company, alleging that it was responsible for his death. The action was brought in the District Court for the District of Puerto Rico. There was evidence that ‘the average consumer in Puerto Rico during the 1950’s, during the 1960’s’ was aware both of health risks, such as cancer and cardiovascular disease, associated with smoking and that ‘smoking was or could be difficult to quit’. In discussing the evidence regarding common knowledge, the Court of Appeals said: ‘This case calls for us to evaluate application of the common knowledge doctrine in the context of tobacco litigation. The doctrine stems from the principle that a manufacturer cannot be held liable under either strict liability or negligence for failure to warn of a danger commonly known to the public. See, e.g., Guevara v Dorsey Labs., Div. of Sandoz, Inc., 845 F 2d 364, 367 (1st Cir. 1988) (‘The duty to warn in general is limited to hazards not commonly known to the relevant public’); Aponte Rivera v Sears Roebuck, 44 P.R. Offic. Trans. 7, 144 D.P.R. 830 (1998) (‘[A] manufacturer need not warn of a hazard if the average consumer ordinarily has knowledge of the dangers of the product.’). […]
A products liability plaintiff alleging failure to warn must prove
‘(1) the manufacturer knew, or should have known of the risk inherent in the product; (2) there were no warnings or instructions, or those provided were inadequate; (3) the absence of warnings made the product inherently dangerous; (4) the absence of adequate warnings or instructions was the proximate cause of plaintiff’s injury.’
Aponte Rivera, 44 P.R. Offic. Trans. at 6. Under the common knowledge doctrine, however, a defendant neither breaches a duty nor causes the product to be inherently dangerous when the allegedly omitted warning concerns a danger of which the public is well aware. […]
The crux of appellants’ entreaty on appeal is that neither the strict liability nor the negligence claim requires any affirmative showing, and thus the burden rested entirely on Reynolds. Whether or not this is a correct view of the law, after searching the record we have found no evidence which supports appellants’ allegations that there was a lack of common knowledge and thus we are compelled to find that Reynolds met its burden in any event.’
(5) In Roysdon v R.J. Reynolds Tobacco Company 849 F.2d 230 (6th Cir. 1988), a smoker and his wife brought an action against a tobacco manufacturer to recover for disease allegedly caused by smoking. The United States Court of Appeals, Sixth Circuit, inter alia affirmed the dismissal by the United States District Court for the Eastern District of Tennessee of the plaintiffs’ failure to warn claim. At p.236, para.10, the Court of Appeals said:
‘[T]he district court took judicial notice that ‘tobacco has been used for over 400 years and that its characteristics have also been fully explored. Knowledge that cigarette smoking is harmful to health is widespread and can be considered part of the common knowledge of the community.’
Roysdon, 623 F.Supp. at 1192. Remembering that this action was limited to the ten years preceding the filing of this complaint [on 5 July 1984], we think this approach was appropriate. The extensive information regarding the risks of smoking available to the public during that time precluded the existence of a jury question as to whether cigarettes are unreasonably dangerous. We find that whether there was knowledge regarding Mr Roysdon’s specific medical problem is irrelevant in light of the serious nature of the other diseases known at that time to be caused by cigarette smoking.’
[2003] 348 F3d 271 (1st Cir.2003)
Cited by:
CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
[2005] ScotCS CSOH – 69, Times 14-Jun-05

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.226222

Curtin v Barton: 1893

(New York) ‘When a court with competent jurisdiction is duly established, a suitor who resorts to it for the administration of justice and the protection of private rights should not be defeated or embarrassed by questions relating to the title of the judge who presides in the court, to his office.’
(1893) 139 NY 505
Cited by:
CitedFawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
[2002] EWCA Civ 643, [2003] QB 104
CitedBaldock v Webster and Others CA 21-Dec-2004
The claimant alleged negligence against his solicitors in having failed to challenge an order made ultra vires by a county court judge.
Held: The common law doctrine of de facto jurisdiction validated the decision of the judge. The recorder . .
Times 13-Jan-05

These lists may be incomplete.
Updated: 15 December 2020; Ref: scu.221428

Simon Engineering Plc and Another v Butte Mining and Another (No 2): ComC 27 Feb 1995

Procedure – Interlocutory injunction – anti-suit injunction – injunction to prevent appeal in the US from being pursued – foreign court pronounced itself to be without jurisdiction – natural forum – foreign proceedings oppressive
Rix J
[1996] 1 Lloyd’s Rep 91
England and Wales

Updated: 15 December 2020; Ref: scu.182569

Societe D’Informatique Service Realisation Org v Ampersand Software Bv: CA 29 Sep 1993

Foreign judgment registered here despite claim that it was obtained by fraud.
Gazette 29-Sep-1993
England and Wales
Cited by:
Reference fromSociete D’Informatique Service Realisation Organisation v Ampersand Software Bv ECJ 25-Sep-1995
Court’s refusal to stay enforcement of foreign court order cannot be appealed against. Different jurisdictions not to be used to get advantage on enforcement. . .
Ind Summary 09-Oct-95, Times 25-Sep-95

These lists may be incomplete.
Updated: 14 December 2020; Ref: scu.89366

Society of Lloyd’s v White and others: QBD 14 Apr 2000

A court in England could issue an injunction preventing parties continuing an action in Australia even though the court there had accepted jurisdiction. The contract contained an exclusive jurisdiction clause for dispute to be settled here, and the Australian court did not appear to have considered relevant English court decisions. Such an action must be speedy, and made with respect for the foreign court.
Times 14-Apr-2000
England and Wales

Updated: 14 December 2020; Ref: scu.89382

Skrine and Co (a Firm) and others v Euromoney Publications plc and others: QBD 10 Nov 2000

The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants’ insurers only paid the original plaintiffs ‘exorbitant sums by way of ostensible damages and costs because they apprehended that the claimants would not have received a fair trial at the hands of Malaysia’s internationally discredited legal system.’
Held: An English court should not be asked to judge the propriety of the actions of the judiciary of a friendly foreign state. This would put such friendly relations at risk and an English judge could have no way of making such a judgment. It was not a breach of an applicant’s civil rights to enforce a properly made contribution order made there against a citizen here, since under the Act only an award which was just and equitable in all the circumstances could be made. The defence of fair comment could still be tried fairly.
Morland J
Times 10-Nov-2000, Gazette 23-Nov-2000, [2001] EMLR 16
Civil Liability (Contributions) Act 1978
England and Wales
Citing:
CitedButtes Oil and Gas Co v Hammer (No 3) HL 1982
The House considered a dispute between two Us oil companies about the right to exploit an oil field in the Gulf. Each claimed to have a concession granted by the ruler of a Gulf state. Each state claimed that the oil field was within its territorial . .
[1982] AC 888, [1981] 3 All ER 616, [1981] 3 WLR 787

Cited by:
CitedAl-Koronky and Another v Time-Life Entertainment Group Ltd and Another CA 28-Jul-2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in . .
[2006] EWCA Civ 1123, Times 28-Aug-06
CitedKorea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC 18-Nov-2008
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
[2008] EWHC 2829 (Comm)

These lists may be incomplete.
Updated: 14 December 2020; Ref: scu.89300

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

It was said that there had been a transction at an undervalue within section 238. It was given effect by a transfer to a bank in Jersey, from which recovery was no sought. The bank claimed that the section did not have extra-territorial effect.
Held: The argument failed; the section did not purport to have any territorial limitation. There is no strict limitation on recovery proceedings against foreign residents. The provisions of the Insolvency Act 1986 for setting aside transactions at an undervalue had, as a matter of construction, world-wide application but the court had a discretion to refuse to make an order in a case not sufficiently connected with England: ‘In my view the solution to the question of statutory interpretation raised by this appeal does not lie in retreating to a rigid and indefensible line. Trade takes place increasingly on an international basis. So does fraud. Money is transferred quickly and easily. To meet these changing conditions English courts are more prepared than formerly to grant injunctions in suitable cases against non-residents or foreign nationals in respect of overseas activities. As I see it, the considerations set out above and taken as a whole lead irresistibly to the conclusion that, when considering the expression ‘any person’ in the sections, it is impossible to identify any particular limitation which can be said, with any degree of confidence, to represent the presumed intention of Parliament. What can be seen is that Parliament cannot have intended an implied limitation along the lines of Ex parte Blain, 12 Ch.D. 522. The expression therefore must be left to bear its literal, and natural, meaning: any person.’
Sir Donald Nicholls V-C
Gazette 08-Apr-1992, [1993] Ch 223
Insolvency Act 1986 238(2)
Cited by:
CitedSerco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
[2006] UKHL 3, [2006] 1 ICR 250, Times 27-Jan-06, [2006] 1 All ER 823, [2006] IRLR 289
See AlsoIn Re Paramount Airways Ltd (In Administration) ChD 14-Sep-1993
Administrators may adopt employment contracts without attracting personal liability. . .
Times 14-Sep-93
CitedHaines v Hill and Another CA 5-Dec-2007
On the divorce, the husband was ordered to transfer his share in the house to the wife. On his bankruptcy shortly after, the order was confirmed. After the wife sold the property at a profit, the trustee in bankruptcy applied to set the transfer . .
[2007] EWCA Civ 1284
CitedMcGrath and others v Riddell and others HL 9-Apr-2008
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England.
Held: Once it was accepted that an English court may order the liquidator here to remit funds to a foreign . .
Times 09-Apr-08, [2008] UKHL 21, [2008] 1 WLR 852, [2008] BPIR 581, [2008] Lloyd’s Rep IR 756, [2008] BCC 349, [2008] 3 All ER 869, [2008] Bus LR 905
CitedBilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .
[2012] STC 2424, [2012] EWHC 2163 (Ch), [2012] WLR(D) 236, [2013] 2 WLR 825, [2013] 1 All ER 375, [2013] BCC 235, [2012] STI 2554

These lists may be incomplete.
Updated: 14 December 2020; Ref: scu.85851

Emesa Sugar (Free Zone) Nv v Aruba (No 2) Case C-17/98): ECJ 29 Feb 2000

A national court had jurisdiction to make an order against a Non-EC body in order to prevent an imminent infringement of community law, provided that the court had proper and serious doubts about the implementation of the community law, the matter was urgent, and the national court made proper allowance for the Community’s interests.
Times 29-Feb-2000
European

Updated: 14 December 2020; Ref: scu.80309