Bermuda

Author(s):  
Anna Bruce-Smith ◽  
Ben Adamson

The UK Recognition of Trusts Act 1987 (‘RTA 1987’) was made applicable to Bermuda as of 1 June 1989 by an Order in Council from the UK government. The RTA 1987 incorporates the key provisions of The Hague Convention on the Recognition of Trusts (the ‘Hague Convention’). The Trusts (Special Provisions) Act 1989 (‘TSPA 1989’), one of Bermuda’s key trust statutes, adopted certain provisions of the Hague Convention verbatim and came into effect on 31 January 1990.

2002 ◽  
Vol 51 (2) ◽  
pp. 427-435 ◽  
Author(s):  
Sarah Armstrong

The jurisdiction of England and Wales is vastly experienced in application of the Hague Convention on the Civil Aspects of International Child Abduction1 (the Convention). The UK2 was the fifth3 Contracting State to the Convention, which now boasts 70 State Parties,4 and England and Wales consistently handles a significant proportion of annual Convention applications. In terms of applications, which were processed by Central Authorities, England and Wales was the second busiest Convention jurisdiction in 1999.5 The USA handled 466 applications, England and Wales 329, and Germany 210. Indeed the Central Authority for England and Wales handled more applications than any other, the USA having split incoming and outgoing applications between two separate bodies.6


1993 ◽  
Vol 17 (3) ◽  
pp. 9-13 ◽  
Author(s):  
William Duncan

The process of implementing the Hague Convention on intercountry adoption now begins. William Duncan outlines the Convention's key provisions and points to some of the difficult decisions confronting the UK.


Author(s):  
Torremans Paul

This chapter examines the jurisdiction of the English courts under the Brussels/Lugano system (the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention) and under the modified version of the Brussels I Regulation (Modified Regulation). It first provides an overview of the history and interpretation of the Brussels/Lugano system and the Modified Regulation before turning to the Brussels I Recast, discussing in particular the definition of domicile and the conditions under which the Brussels I Recast applies. It then considers the bases of jurisdiction under the Brussels I Recast, along with various provisions of the Brussels I Regulation relating to jurisdiction and stays of action. It also explores the provisions of the Brussels Convention, the Lugano Convention, and the Hague Convention on Choice of Court Agreements. Finally, it analyses the issue of allocating jurisdiction within the UK under the Modified Regulation.


2014 ◽  
Vol 53 (2) ◽  
pp. 350-396
Author(s):  
Keith Loken

On December 4, 2013, the Supreme Court of the United Kingdom ruled in In the Matter of KL that a child brought to the UK pursuant to a U.S. district court order–subsequently overturned by a U.S. court of appeals–in a proceeding under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) must be returned to the United States. One week earlier, in a 9-8 decision issued on November 26, 2013, the Grand Chamber of the European Court of Human Rights (ECHR), upholding the judgment of the ECHR Chamber below, ruled in X v. Latvia that the actions of the Latvian courts, ordering Ms. X to return her daughter E. to Australia under the Hague Convention, constituted an infringement of Ms. X’s rights under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Human Rights Convention). These cases provide an interesting contrast in approaches to the international abduction of children.


2018 ◽  
Vol 67 (1) ◽  
pp. 99-128 ◽  
Author(s):  
Giesela Rühl

AbstractJudicial cooperation in civil and commercial matters is generally perceived to be of a rather ‘specialist and technical nature’. However, for the many UK and EU citizens, families and businesses who work, live, travel and do business abroad, the current European framework for choice of law, jurisdiction and recognition and enforcement is of paramount importance. The article, therefore, explores how that framework might look like after Brexit and explores the merits and demerits of the various ways forward. It argues that the best option for both the UK and the EU would be to agree on the continued application of the existing EU instruments or to strive for conclusion of a new agreement that closely replicates these instruments. If no such agreement can be reached the UK should decide to apply the Rome I and Rome II Regulations unilaterally and sign the Lugano Convention of 2007 as well as the Hague Convention on Choice of Court Agreements of 2005.


2016 ◽  
Author(s):  
Erazak Tileubergeno ◽  
Dana Baisymakova ◽  
Dinara Belkhozhayeva ◽  
Zhanar Moldakhmetova

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