S (Wardship: Summary return: non-Convention country) [2015] EWHC 176 (Fam)

Application by M for summary return of child to UAE. In applying the Re J (A Child) (Custody Rights: Jurisdiction) [2006] AC 80 criteria, the application was allowed. F had brought the young child here and separated him form his mother in whose case he had previously been more or less continuously. As to the difference in the domestic and UAE legal systems, the Judged noted, “this is indeed one of those cases where the connection with the UAE of the child, his parents and his paternal as well as maternal grandparents is so strong and so long established that any differences between our own and the legal system there should carry little weight.”

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March 3, 2015   Posted in: News  No Comments

‘Proof of Death’ by thriller-writer and barrister Chris Pearson

Lawyer Richard Troy doesn’t do mathematics. But when he accepts Chechen number theorist Aslan Ivanov as a client, he realises that life, love and death are all part of the same equation. Aslan possesses a proof of the Riemann Hypothesis – a mathematical proposition that has defied academics for 150 years. With the power to unlock public key encryption across the internet, blowing open all online financial transactions in the process, the proof is priceless. Aslan’s friend, Anthony Heims, Fellow of Trinity College, Cambridge, secretly envies Aslan for it. American banker Clayton Ruck will pay anything to have it. Siberian assassin Colonel Vladimir Tutov will stop at nothing to get it. Forced to defend much more than Aslan’s legal rights, Troy becomes a reluctant number in Ruck’s and Tutov’s deadly calculations. The more Troy learns of Aslan’s story, the further he strays from his role as a lawyer. Suddenly, Troy is no longer crossing swords with courtroom opponents. Now the weapons are real, his adversaries merciless. And no judge will step in to save him from slaughter.” Available on Kindle from Amazon.

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March 2, 2015   Posted in: News  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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March 2, 2015   Posted in: Cartoons  Comments Closed

Weekend video: Why you will fail to have a great career – Larry Smith

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February 28, 2015   Posted in: News  Comments Closed

Book recommendation: Ford County by John Grisham

Gripping short stories from the No.1 bestselling author of the legal thriller. Worldwide No.1 bestseller John Grisham takes you into the heart of America’s Deep South with a collection of stories connected by the life and crimes of Ford County: a place of harsh beauty where broken dreams and final wishes converge. From a hard-drinking, downtrodden divorce lawyer looking for pay-dirt, to a manipulative death row inmate with one last plea, Ford County features a vivid cast of attorneys, crooks, hustlers, and convicts. Through their stories he paints a unique picture of lives lived and lost in Mississippi. Completely gripping, frequently moving and always entertaining, Ford County brims with the same page-turning quality and heart-stopping drama of his previous bestsellers, and is proof once more why John Grisham is our most popular storyteller.

Available from Amazon.

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February 25, 2015   Posted in: News  Comments Closed

Global Flood Defence Systems Ltd & Anr v Van den Noort Innovations BV & Ors, IPEC (Judge Hacon), 29/1/15

An application for summary judgment on a claim for unjustified threats of patent infringement was refused. The defendants’ rights were based on a European Patent Application relating to a self-closing flood barrier. Where a defendant alleged infringement of its rights under s.69 of the Patents Act 1977, the burden was on the defendant to ensure the patent was granted before trial and to establish that the acts would have infringed the patent had it been granted on the publication date with the claims in the form then published. The defendants submitted plausible evidence that the European patent was likely to be granted before the threats action came to trial. It was not appropriate to conduct a mini-trial on infringement, and since there was a real prospect of the patent being granted in time, summary judgment could be resisted.

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February 24, 2015   Posted in: Case Reports  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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February 23, 2015   Posted in: Cartoons  Comments Closed

Weekend video: Kelly McGonigal: How to make stress your friend

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February 21, 2015   Posted in: News  Comments Closed

Landlord Held Liable for Defects Outside of a Flat

19/02/15. The recent Court of Appeal case Edwards v Kumarasamy [2015] EWCA Civ 20 may well have raised a few eyebrows. In particular it held a landlord liable for an injury sustained outside of the flat in question and also despite the fact that the landlord had not had any notice of the defect. The background to this was that the claimant and his partner had an assured shorthold tenancy on a second floor flat from the defendant. One evening in 2010 whilst he was taking rubbish out he tripped on an uneven paving stone and injured his knee. The stone in question was on a pathway going from the front door of the block to the bins in the car park. Section 11 of the Landlord and Tenant Act 1985 implied a repairing obligation on the landlord. The first question was whether this extended to the pathway outside of the flat? To this the Court of Appeal answered in the affirmative. The point was whether, for the purposes of section 11, the landlord had an estate or interest in this land and the Court held that the landlord’s right to use various areas outside of the flat took effect as legal easements giving him the requisite estate or interest. But even if this was the case, what about the fact that the landlord hadn’t had any notice of the defect in question? The answer to this rested on the fact that the path was not inside the demise of the tenancy and so no notice was required. This case might take some landlords by surprise and they may well wish to review exactly what their obligations are in each particular tenancy and also to check that their insurance policies cover these obligations. As for private tenants, it helps to clarify the position as to the potential liability of their landlord as well as giving some assistance as to the legal rights which they may have over areas outside of a flat.

Image ©iStockphoto.com/i_frontier

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February 19, 2015   Posted in: News  Comments Closed

Book recommendation: Letters to a Law Student: A Guide to Studying Law at University by Nicholas J McBride

Letters to a Law Student is the definitive guide to studying law at university. It is filled with advice to turn the potentially daunting task of studying law into an enjoyable and stimulating experience. Reading Letters to a Law Student will also help anyone considering studying law at university decide whether reading for a law degree is the right option for them. Written in a lively and entertaining style, this book offers clear and helpful answers to your questions about studying law at every stage of taking, or thinking about taking a law degree, from: “should I study law at university?”, and “what do law students do?”; to “how can I get the best marks in exams?”, and “what can I do with a law degree?” – along with many more. The Letters to a Law Student Companion Website provides additional support in finding out more about the study of law, using the Internet in your studies, and exploring the types of careers available in law. Letters to a Law Student is essential reading for anyone who is doing, or thinking about doing, a law degree at university.

Available from Amazon.

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February 18, 2015   Posted in: News  Comments Closed