England and Wales Case Law

Alliance Automotive Procurement Limited v Auto Zatoka Spolka Z Ograniczona Odpowiedzialnoscia

Errors in the response pack were technical, not serious or significant, and did not prejudice the defendant; valid service was effected via the Hague Convention, and the court has exclusive jurisdiction under the contract. Strike out or refusal of jurisdiction would be disproportionate and contrary to the overriding objective.

Source excerpt

• Service of process
• Jurisdiction
• Relief from sanctions
• Strike out applications
• International conventions

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A Mother, R (on the application of) v The Family Court at York & Ors

The Claimant failed to demonstrate any procedural irregularity or jurisdictional error by the Circuit Judge amounting to a denial of a fair hearing. The case did not meet the exceptional threshold required for judicial review of a Circuit Judge's refusal of permission to appeal. The errors alleged by the Claimant were, at most, errors of law or fact, which are not sufficient to invoke the High Court's supervisory jurisdiction in these circumstances.

Source excerpt

• Parental alienation
• Child arrangements
• Permission to appeal
• Procedural fairness
• Bias
• Costs orders

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Reseau De Transport D'electricite v Costain Ltd

Reseau De Transport D'electricite v Costain Ltd [2025] EWHC 73 (Admlty) (20 January 2025)

The High Court struck out Stema UK’s attempt to raise an Article 1(4) limitation defence, holding it was barred by res judicata, estoppel, and abuse of process.

• Limitation of liability for maritime claims
• Res judicata
• Cause of action estoppel
• Issue estoppel
• Abuse of process
• Henderson v henderson

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Sea Consortium Pte Ltd & Ors v Bengal Tiger Line Pte Ltd & Ors

The High Court held that BTL, MSC and Maersk were charterers under Article 1(2) of the maritime limitation convention and could limit liability for the X-Press Pearl casualty.

• Limitation of liability
• Definition of shipowner
• Slot charterers
• Container shipping
• International conventions
• Maritime-law

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Secretary of State for the Home Department v GA & Ors

Secretary of State for the Home Department v GA & Ors [2021] EWCA Civ 1131 (23 July 2021)

The Court of Appeal upheld a quashing order against HMPO’s refusal to process children’s passport applications, holding that Article 22 of the 1996 Hague Convention could not be ignored.

• Passport applications
• Parental responsibility
• International conventions
• Domestic abuse
• Discrimination
• Judicial review

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Enemalta Plc v The Standard Club Asia Ltd

Enemalta Plc v The Standard Club Asia Ltd [2021] EWHC 1215 (Comm) (26 April 2021)

The High Court held it had jurisdiction to hear a dispute over a letter of undertaking governed by English law with an exclusive English jurisdiction clause.

• Jurisdiction
• Exclusive jurisdiction clauses
• Letters of undertaking
• Limitation of liability
• International conventions
• Exclusive-jurisdiction-clauses

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GA & Ors, R (on the application of) v Secretary of State for the Home Department

The High Court quashed HMPO’s refusal to process British passport applications for children, holding that it lacked a rational basis and was discriminatory.

• Passport issuance
• Parental responsibility
• Domestic violence
• Discrimination
• Children's welfare
• International conventions

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Douglas, Re

Douglas, Re [2020] EWHC 3018 (QB) (19 November 2020)

The minimum term for Osbourne Douglas is set at 31 years, reduced from 34 years to account for the additional hardship of serving a lengthy sentence far from home, with full credit for time already served in custody. The seriousness of the offence and aggravating factors justify a term above the statutory minimum, but the punitive effect of transfer warrants a modest reduction.

Source excerpt

• Minimum term determination
• Transferred life prisoners
• Conditional release
• International conventions

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Douglas, Re

Douglas, Re [2020] EWHC 3018 (QB) (19 November 2020)

The appropriate minimum term for Osbourne Douglas, had he been sentenced in England and Wales, would have been 34 years due to the seriousness of the offence, including planning, premeditation, and use of a firearm. However, the additional hardship of serving the sentence far from home justifies a modest reduction. The minimum term is set at 31 years, less time already served in custody.

Source excerpt

• Minimum term determination
• Life imprisonment
• Transferred prisoners
• International conventions
• Sentencing guidelines

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I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction)

The Court of Appeal held the children remained habitually resident in Russia, the father had not repudiatorily retained them, and the inherent jurisdiction order had to be set aside.

• Habitual residence
• Child abduction
• Inherent jurisdiction
• International conventions
• Jurisdiction under hague conventions
• Habitual-residence

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