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Government regulates bailiffs – Marilyn Stowe Blog

Government regulates bailiffs – Marilyn Stowe Blog.

JLD Conference and Ball 2014

The Legal Sparrow

This weekend I attended the Junior Lawyers Division Annual Conference and Ball for the first time. Although somewhat overawed by 113 Chancery Lane, it was a fantastic opportunity to meet many different people and I felt very inspired by all the speakers.
Following opening speeches from the JLD Chair Sophia Dirir, President of the Law Society Nicholas Fluck and Lord Mayor of London Fiona Woolf CBE (who made sure to point out that she was not, in fact, Boris Johnson), the day kicked off with Professor Dominic Regan (New Law Journal) discussing the Jackson reforms. From a student point of view it was good to understand the practicalities. When you are solely concerned with learning the procedural steps, the names Jackson and Mitchell appear only on the periphery with a slight semblance of importance.
This was followed by a panel session with Sunny Mann (Baker & McKenzie LLP), Sarah Goom…

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Bringing an army into Rio is more damaging than scattered, bloody bodies

Words by Nicole Froio.

2014-03-29 16.44.31

Last week President Dilma Rousseff called on the Brazilian army to contain the most recent favela wars. The plans to pacify the favelas seemed to be going well up until now but since the beginning of 2014 Rio has seen 19 murdered police officers. The number is larger than that of 2013, when the number stood at 11.

With less than three months until the World Cup the drug gangs that were expelled from the favelas by the pacifying units are now fighting back to re-conquer their territory. Recent incidents in the favelas of Complexo do Alemão, Rocinha (the largest favela in the world, home to around 70,000 people), Parque Proletário (in Complexo da Penha) and Vila Cruzeiro have brought back the feeling of unsafety in Rio.

The pacification of the slums had been relatively smooth until now. The first favela to receive a Pacifying Police Unit (UPP), Favela Santa…

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On Translating Manuel José Arce’s “Map With a Stone” and “Presidential Sermon” by Kimberly Woosley Poitevin from issue 298.3

The trees sense the danger. The corn grieves in its husk.  

There is a deadly tremor in the November sky. Water stops

in the riverbed.

And the dogs hide from the scent. But the child

in the yard

is playing with a stone.

            (from Manuel José Arce’s “Map With a Stone”)

Image

A few years into my marriage, my husband, one of Manuel José Arce’s nephews, showed me the poem “Map With a Stone.” It was my first exposure to Arce, and it blew me away. Written during some of the most brutal years in Guatemala’s history, the poem describes helicopters attacking an indigenous village, and ends with the powerful image of a child throwing a stone at one of them in protest.

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What’s the right analogy for Rwanda?

Rachel Strohm

As the 20th anniversary of the start of the Rwandan genocide approaches on April 7, people who don’t usually pay much attention to African politics will be seeing two main types of commemorative stories about the country.  The first will focus on the incredible progress that Rwanda has made in areas like fighting corruption, promoting economic growth, and rolling out universal health insurance.  The second will acknowledge these domestic policy achievements, but note that Kagame’s government has also been repressing political expression, physically attacking its opponents, and fostering rebellions in the neighboring DR Congo.   Underlying some of these concerns about domestic repression is the fear that ethnic grievances from the genocide era have only been partially addressed, and that these could spill over into renewed conflict in the future.

These two sets of stories present such diametrically opposed visions of the country…

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Exclusive jurisdiction concerning …

…disputes having as object the right of pre-emption to purchase rights in rem in immovable property, set forth in the EU according to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

In the judgement given on 3 April, 2014 in Case C-438/12 (Irmengard Weber v Mechthilde Weber) the Court Of Justice of the European Union held that:
(42) `…Article 16 of the Brussels Convention and, accordingly, Article 22(1) of Regulation No 44/2001, must be interpreted as meaning that exclusive jurisdiction of the courts of the Contracting State in which the property is situated does not encompass all actions concerning rights in rem in immovable property, but only those which both come within the scope of the Convention or of Regulation No 44/2001 and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with protection for the powers which attach to their interest.`
(41) `…the essential reason for conferring exclusive jurisdiction on the courts of the Contracting State in which the property is situated is that the courts of the locus rei sitae are the best placed for reasons of proximity, to ascertain the facts satisfactorily and to apply the rules and practices which are generally those of the State in which the property is situated.`
(45) `…a right of pre-emption,…, which attaches to immovable property and which is registered with the Land Register, produces its effects not only with respect to the debtor, but guarantees the right of the holder of that right to transfer the property also vis-a-vis third parties`, unlike a right in personam which can be claimed only against its debtor,
and as a consequence, that
(47) an action `seeking a declaration of invalidity of the exercise of a right of pre-emption` attaching to an immovable property and which produces effects erga omnes must be settled by the court in whose exclusive jurisdiction the property is situated.
http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30db98bfc30018534f308e89af0a77b1e989.e34KaxiLc3qMb40Rch0SaxuNaxv0?text=&docid=150286&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=106624″>

Discrimination on the basis where the corporate seat is located

In the judgement given on 1 April, 2014, in Case C-80/12 (Felixstowe Dock and others v The Commissioners for Her Majesty’s Revenue & Customs), the Court of Justice of the European Union held that the companies seated within the Member States must be equally treated, and, as a consequence, when the relevant national laws prescribe as such, the losses sustained by a member of a group can be transferred to a member of a consortium where there is a `link company` between the group and the consortium, irrespective of where the concerned companies are resident in the EU.