Wendy Kennett
Biographic Data
| ID | 4982455 |
|---|---|
| NAME | Wendy Kennett |
| GIVEN NAMES | Wendy |
| FAMILY NAME | Kennett |
| SIGNATURE | KENNETT W |
| AFFILIATIONS | Cardiff University |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 1 |
It’s Arbitration, But Not As We Know It
Until recently few jurisdictions have allowed arbitration of family law disputes, considering such arbitration to be contrary to public policy. But policies favouring private ordering, combined with pressures on family courts have encouraged reconsideration of the policy issues. This is notably true in common law jurisdictions. Similar developments in civil law jurisdictions are inhibited by the wording of national civil codes. Differences in sub…
The Place of Worship in Solemnization of a Marriage
The recent decision of the United Kingdom Supreme Court in Regina (Hodkin and another) v Registrar General for Births, Deaths and Marriages concerned the registration of the premises belonging to the Church of Scientology in London as a place of worship, specifically for the purpose of enabling a marriage to take place there which would be valid in law. This article examines the continuing significance of a registered place of worship in the Engl…
I. Civil and Commercial Litigation
There continues to be a steady stream of cases, particularly those raising questions of interpretation of international instruments. Many nevertheless involve the application of those instruments to particular facts, rather than fundamental points of principle. The following are among the more significant
The Brussels I Regulation
On 22 December 2000, the Council of the European Union finally adopted Regulation 44/2001, which transforms the Brussels I Convention into a Community law instrument, pursuant to Arts. 61(c) and 67(1) of the EC Treaty. The basic framework of the Regulation remains similar to that of the Convention, although there are numerous changes on points of detail and some on matters of substance
Family Law
Once again cases concerned with the threshold questions of private international law, such as characterisation and jurisdiction, have dominated the scene
Family Law; Civil and Commercial Matters; the Hague Conventions in the Internet Age
On 27 July 1999 a UK Act was passed to “make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29 May 1993” and “to make further provision in relation to adoptions with an international element”. 1 At the time of writing, however, the UK had not ratified the Convention. By section. 18(3) the Act will be brought into force on a date appointed by st…
I. Jurisdiction
The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business 1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the bran…
II. Antisuit Injunctions
The judgment of the Court of Appeal in Turner v. Grovit 13 is of particular interest to all those struggling to identify the precise relationship between Community law and English law in the field of jurisdiction, and the extent to which the English court retains a discretionary control over its procedure. The Court was asked to grant an anti-suit injunction to restrain proceedings in Spain. The claimant was employed as a Group solicitor for the …
IV. Recognition of Judgments and Authentic Instruments under the Brussels Convention
That question remains open following Case C–99/96 Mietz v. Intership Yachting Sneek BV 16 a more recent decision that raises some similar issues but continues to confine its attention to interim payments. The applicant was appealing against a German order for enforcement of a Dutch judgment ordering interim payment in kort geding proceedings. The applicant argued that the underlying contract was covered by the special provisions on consumer contr…
III. Provisional Measures under the Brussels Convention
The definition of provisional and protective measures and the scope of Article 24 of the 1968 Brussels Convention were matters addressed by the European Court in Case C–391/95, Van Uden Maritime BV v. KG in Firma-Decoline . The plaintiff was seeking interim payment under a contract even though the dispute over payment had been referred to arbitration. As an initial issue the European Court noted that the existence of arbitral proceedings on the m…
II. The Brussels II Convention
The other development under the justice and home affairs pillar of the Union relevant to European civil procedure is the so-called Brussels II Convention: the Convention on Jurisdiction and Enforcement of Judgments in Matrimonial Matters signed on 28 May 1998. This Convention continues the work of the 1968 Brussels Convention by extending similar principles to the field of matrimonial matters. The earlier Convention is seen as the general convent…
V. Recognition of Arbitral Awards
A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd. 20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due und…
VI. A Footnote on the Treaty of Amsterdam
The Treaty of Amsterdam entered into force on 1 May 1999. In the exercise of its new competences under Title IV of the EC Treaty as amended, the Commission has transformed the Convention on Service of Documents into a draft Directive, and the Brussels II Convention into a draft Regulation, both of which are currently going through the Community legislative procedure. The renegotiated text of Brussels I has also been transformed into a draft Regul…
I. The Treaty of Amsterdam
The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”. 1 It states
The Production of Evidence within the European Community
It’s Arbitration, But Not As We Know It
Until recently few jurisdictions have allowed arbitration of family law disputes, considering such arbitration to be contrary to public policy. But policies favouring private ordering, combined with pressures on family courts have encouraged reconsideration of the policy issues. This is notably true in common law jurisdictions. Similar developments in civil law jurisdictions are inhibited by the wording of national civil codes. Differences in sub…
Family Law
Once again cases concerned with the threshold questions of private international law, such as characterisation and jurisdiction, have dominated the scene
Family Law; Civil and Commercial Matters; the Hague Conventions in the Internet Age
On 27 July 1999 a UK Act was passed to “make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29 May 1993” and “to make further provision in relation to adoptions with an international element”. 1 At the time of writing, however, the UK had not ratified the Convention. By section. 18(3) the Act will be brought into force on a date appointed by st…
II. The Brussels II Convention
The other development under the justice and home affairs pillar of the Union relevant to European civil procedure is the so-called Brussels II Convention: the Convention on Jurisdiction and Enforcement of Judgments in Matrimonial Matters signed on 28 May 1998. This Convention continues the work of the 1968 Brussels Convention by extending similar principles to the field of matrimonial matters. The earlier Convention is seen as the general convent…
I. The Treaty of Amsterdam
The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”. 1 It states
The Production of Evidence within the European Community
I. Jurisdiction
The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business 1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the bran…
II. Antisuit Injunctions
The judgment of the Court of Appeal in Turner v. Grovit 13 is of particular interest to all those struggling to identify the precise relationship between Community law and English law in the field of jurisdiction, and the extent to which the English court retains a discretionary control over its procedure. The Court was asked to grant an anti-suit injunction to restrain proceedings in Spain. The claimant was employed as a Group solicitor for the …
IV. Recognition of Judgments and Authentic Instruments under the Brussels Convention
That question remains open following Case C–99/96 Mietz v. Intership Yachting Sneek BV 16 a more recent decision that raises some similar issues but continues to confine its attention to interim payments. The applicant was appealing against a German order for enforcement of a Dutch judgment ordering interim payment in kort geding proceedings. The applicant argued that the underlying contract was covered by the special provisions on consumer contr…
III. Provisional Measures under the Brussels Convention
The definition of provisional and protective measures and the scope of Article 24 of the 1968 Brussels Convention were matters addressed by the European Court in Case C–391/95, Van Uden Maritime BV v. KG in Firma-Decoline . The plaintiff was seeking interim payment under a contract even though the dispute over payment had been referred to arbitration. As an initial issue the European Court noted that the existence of arbitral proceedings on the m…
II. The Brussels II Convention
The other development under the justice and home affairs pillar of the Union relevant to European civil procedure is the so-called Brussels II Convention: the Convention on Jurisdiction and Enforcement of Judgments in Matrimonial Matters signed on 28 May 1998. This Convention continues the work of the 1968 Brussels Convention by extending similar principles to the field of matrimonial matters. The earlier Convention is seen as the general convent…
V. Recognition of Arbitral Awards
A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd. 20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due und…
VI. A Footnote on the Treaty of Amsterdam
The Treaty of Amsterdam entered into force on 1 May 1999. In the exercise of its new competences under Title IV of the EC Treaty as amended, the Commission has transformed the Convention on Service of Documents into a draft Directive, and the Brussels II Convention into a draft Regulation, both of which are currently going through the Community legislative procedure. The renegotiated text of Brussels I has also been transformed into a draft Regul…
I. The Treaty of Amsterdam
The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”. 1 It states
Family Law; Civil and Commercial Matters; the Hague Conventions in the Internet Age
On 27 July 1999 a UK Act was passed to “make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29 May 1993” and “to make further provision in relation to adoptions with an international element”. 1 At the time of writing, however, the UK had not ratified the Convention. By section. 18(3) the Act will be brought into force on a date appointed by st…
The Brussels I Regulation
On 22 December 2000, the Council of the European Union finally adopted Regulation 44/2001, which transforms the Brussels I Convention into a Community law instrument, pursuant to Arts. 61(c) and 67(1) of the EC Treaty. The basic framework of the Regulation remains similar to that of the Convention, although there are numerous changes on points of detail and some on matters of substance
Family Law
Once again cases concerned with the threshold questions of private international law, such as characterisation and jurisdiction, have dominated the scene
I. Civil and Commercial Litigation
There continues to be a steady stream of cases, particularly those raising questions of interpretation of international instruments. Many nevertheless involve the application of those instruments to particular facts, rather than fundamental points of principle. The following are among the more significant
The Place of Worship in Solemnization of a Marriage
The recent decision of the United Kingdom Supreme Court in Regina (Hodkin and another) v Registrar General for Births, Deaths and Marriages concerned the registration of the premises belonging to the Church of Scientology in London as a place of worship, specifically for the purpose of enabling a marriage to take place there which would be valid in law. This article examines the continuing significance of a registered place of worship in the Engl…
It’s Arbitration, But Not As We Know It
Until recently few jurisdictions have allowed arbitration of family law disputes, considering such arbitration to be contrary to public policy. But policies favouring private ordering, combined with pressures on family courts have encouraged reconsideration of the policy issues. This is notably true in common law jurisdictions. Similar developments in civil law jurisdictions are inhibited by the wording of national civil codes. Differences in sub…
Law (14 works) · Political science (14 works) · Conflict of Laws and Jurisdiction (13 works) · Law (13 works) · Business (8 works) · Convention (6 works) · European and International Contract Law (6 works) · Jurisdiction (6 works) · Computer Science (5 works) · Law, logistics, and international trade (5 works)