Aggressive bailiff behaviour remains ‘lingering concern’ – MoJ review – BBC News

Posted April 3rd, 2018 in bailiffs, debts, enforcement, harassment, news, reports by sally

‘Concerns persist over bailiffs using aggressive behaviour to pursue debts despite a legal crackdown, a Ministry of Justice (MoJ) report has found.’

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BBC News, 2nd April 2018

Source: www.bbc.co.uk

Oral construction contracts and issues in adjudication enforcement – Practical Law: Construction Blog

Posted March 21st, 2018 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘Two recent judgments illustrate the difficulties that oral contracts can cause in adjudication enforcement proceedings. The first was Jefford J’s judgment in Hart v Ideal and the second (although actually the first in time) was Fraser J’s judgment in Dacy v IDM (which had also been before Jefford J a couple of years earlier).’

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Practical Law: Construction Blog, 20th march 2018

Source: constructionblog.practicallaw.com

Smash and grab adjudication ‘essentially over’ after TCC judgment – OUT-LAW.com

Posted March 2nd, 2018 in construction industry, contracts, delay, dispute resolution, enforcement, news by tracey

‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’

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OUT-LAW.com, 1st March 2018

Source: www.out-law.com

High Court makes third-party costs order against UKIP for blocking settlement of libel claim – Litigation Futures

Posted February 20th, 2018 in costs, defamation, enforcement, news, political parties, third parties by sally

‘The High Court has made a third-party costs order against UKIP, after the party took a “political” decision to block the settlement of a libel claim against one of its MEPs.’

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Litigation Futures, 20th February 2018

Source: www.litigationfutures.com

Enforcement against Pensions in Financial Remedies Cases: the neglected option – Family Law Week

Posted February 14th, 2018 in enforcement, financial provision, news, pensions by michael

“Joseph Rainer, barrister, Queen Elizabeth Building highlights the availability and effectiveness of the Blight v Brewster method to enforce a financial remedy order.”

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Family Law Week, 12th February 2018

Source: www.familylawweek.co.uk

Government sends warning letters to 550 companies amid crackdown on unpaid internships – Daily Telegraph

Posted February 9th, 2018 in employment, enforcement, news, remuneration, volunteers by tracey

‘A Government crackdown on unpaid internships was launched last night as warning letters were sent to 550 businesses threatening action unless they review their practices.’

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Daily Telegraph, 8th February 2018

Source: www.telegraph.co.uk

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

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UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Burns v Financial Conduct Authority [2017] EWCA Civ 214: a sign of things to come? – 4 New Square

Posted February 2nd, 2018 in company directors, costs, enforcement, financial regulation, news by sally

‘Directors’ duties, procedural fairness and issue based costs; the Court of Appeal decision sheds light on several aspects of financial regulatory enforcement action.’

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4 New Square, 15th January 2018

Source: www.4newsquare.com

NHS told to stop handing over patient data to Home Office for immigration enforcement – The Independent

Posted February 1st, 2018 in data protection, enforcement, health, immigration, news, privacy by tracey

‘Health service officials have been reprimanded for putting the health of vulnerable migrants, and the wider public, at risk and told to stop handing over confidential information to immigration officials immediately.’

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The Independent, 31st January 2018

Source: www.independent.co.uk

High Court admits people have been wrongly jailed for not paying council tax – The Independent

‘The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year – but it refused to accept this constituted “systematic failings” by the courts.’

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The Independent, 17th January 2018

Source: www.independent.co.uk

Rochdale Council drops town centre swearing ban – BBC News

Posted December 19th, 2017 in ASBOs, enforcement, local government, news, obscenity by sally

‘A plan to ban swearing in a town centre has been scrapped after police said it was “unenforceable”.’

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BBC News, 19th December 2017

Source: www.bbc.co.uk

UK regulator scrutinises the way ISPs manage network traffic – OUT-LAW.com

Posted December 11th, 2017 in EC law, enforcement, internet, news by sally

‘The UK’s telecoms regulator has opened a new “enforcement programme” to formally monitor the way in which internet service providers (ISPs) manage the flow of data over their networks.’

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OUT-LAW.com, 11th December 2017

Source: www.out-law.com

Environmental Law News Update – Six Pump Court

Posted December 8th, 2017 in agriculture, consultations, enforcement, environmental protection, news, planning by sally

‘In this latest Environmental Law News Update Christopher Badger and Charles Morgan consider the Environment Agency’s consultation on a new Enforcement and Sanctions Policy, an inquiry into Green Finance by the Environmental Audit Committee and new farming rules for water.’

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Six Pump Court, 4th December 2017

Source: www.6pumpcourt.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Signature of St Albans (Property) Guernsey Ltd v Wragg [2017] EWHC 2352 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in enforcement, injunctions, news, restrictive covenants by sally

‘The Court determined that restrictive covenants created by two conveyances dating back to 1910 continued to affect the Claimant’s property and were in principle enforceable by injunction by any or all of the Defendants against the Claimant.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

One in five stopped by immigration enforcement is a UK citizen, figures show – The Guardian

‘One in five people stopped by immigration enforcement teams in Britain’s biggest cities is a UK national, according to newly revealed figures that critics say cast doubt on official claims that such stops are “intelligence-led”.’

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The Guardian, 8th October 2017

Source: www.theguardian.com

“Ingenious arguments” fail to topple “smash and grab” award – Practical Law: Construction Blog

Posted October 6th, 2017 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’

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Practical Law: Construction Blog, 3rd October 2017

Source: constructionblog.practicallaw.com

Ryanair law breach leaves UK regulator CAA ‘furious’ – BBC News

Posted September 28th, 2017 in airlines, consumer protection, enforcement, news by sally

‘Ryanair has been threatened with legal action for “persistently misleading” passengers about their rights following thousands of flight cancellations.’

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BBC News, 28th September 2017

Source: www.bbc.co.uk