High Court upholds recognition of US arbitral award, but delays enforcement to give losing party opportunity to challenge – OUT-LAW.com

Posted August 5th, 2014 in arbitration, enforcement, news by sally

‘The losing party in an arbitration case decided in the US has been prevented from setting aside recognition of the award in England, but can delay enforcement by the winning party until it has had a chance to challenge the award in the US, the High Court in England has said.’

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OUT-LAW.com, 5th August 2014

Source: www.out-law.com

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Patel v Mirza – WLR Daily

Posted July 30th, 2014 in appeals, banking, contracts, enforcement, illegality, insider dealing, news by sally

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

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OUT-LAW.com, 24th July 2014

Source: www.out-law.com

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Bedtimes introduced for young offenders – BBC News

Posted June 30th, 2014 in codes of practice, enforcement, news, prisons, young offenders by sally

‘All young offenders will face strict bedtimes for the first time, Justice Secretary Chris Grayling has announced.’

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BBC News, 28th June 2014

Source: www.bbc.co.uk

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Sanger and another v Newham London Borough Council – WLR Daily

Posted June 24th, 2014 in enforcement, law reports, local government, planning by sally

Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269

‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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FGM law expanded to cover foreign nationals habitually resident in UK – The Guardian

‘The law criminalising female genital mutilation is to be strengthened so the ban can be enforced against foreign nationals deemed to be “habitually resident” in the UK.’

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The Guardian, 4th June 2014

Source: www.guardian.co.uk

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Regina v Clayton – WLR Daily

Posted May 29th, 2014 in abuse of process, appeals, enforcement, law reports, planning by michael

Regina v Clayton [2014] EWCA Crim 1030;  [2014] WLR (D)  231

‘Where there was information suggesting that an enforcement notice should not have been issued, a prosecution for breach of the notice was not open to challenge as an abuse of process because that would involve a challenge to the validity of the enforcement notice and such a challenge could be mounted only on appeal or by way of judicial review.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 21st, 2014 in appeals, enforcement, injunctions, jurisdiction, law reports by tracey

Bank St Petersburg OJSC and another v Arkhangelsky and another: Arkhangelsky and others v Bank St Petersburg OJSC and another: [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Blue badge fraud prosecutions ‘double over three years’ – BBC News

‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’

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BBC News, 17th May 2014

Source: www.bbc.co.uk

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The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers

Posted May 12th, 2014 in ASBOs, enforcement, housing, injunctions, local government, news, repossession by sally

‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’

Full story

Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

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Quarter of billion in court fines written off – Daily Telegraph

Posted April 28th, 2014 in auditors, compensation, costs, courts, delay, enforcement, fines, news, victims by sally

‘Millions of pounds in fines and victim compensation cancelled because offenders can no longer be traced.’

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Daily Telegraph, 26th April 2014

Source: www.telegraph.co.uk

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Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Crackdown to stop bailiffs using aggressive tactics – BBC News

Posted April 4th, 2014 in bailiffs, debts, enforcement, news by sally

‘Sweeping changes to the way bailiffs can enforce the repayment of debts come into force on Sunday.’

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BBC News, 4th April 2014

Source: www.bbc.co.uk

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Ministers defeated in grey squirrel battle – The Independent

Posted March 19th, 2014 in animals, enforcement, news, prosecutions, protected species by tracey

‘Ministers have admitted defeat in their battle against grey squirrels, and will scrap a law to protect their red cousins. Campaigners, and MPs in the North East where the red squirrel can still be found, have expressed their shock at the abandonment of the law requiring people to report grey squirrels on their land so they can be exterminated.’

Full story

The Independent, 18th Independent 2014

Source: www.independent.co.uk

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Mann v Mann – WLR daily

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

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Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

Full story

Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

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