Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog

Posted October 8th, 2021 in appeals, enforcement, insolvency, news by tracey

‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’

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Practical Law: Construction Blog, 7th October 2021

Source: constructionblog.practicallaw.com

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

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EIN Blog, 15th September 2021

Source: www.ein.org.uk

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Managing new enforcement powers for councils under the Traffic management Act 2004 – Local Government Lawyer

Posted July 5th, 2021 in enforcement, local government, news, road traffic by tracey

‘Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Councils issue £1m in penalties against businesses for breach of Covid restrictions – Local Government Lawyer

‘Local authorities have issued 1,201 penalties to businesses for violating Covid business restrictions, to a value of £1,076,820, research has revealed.’

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Local Government Lawyer, 21st June 2021

Source: www.localgovernmentlawyer.co.uk

Workers watchdog launched to clamp down on abuse – BBC News

Posted June 8th, 2021 in employment, enforcement, forced labour, news, remuneration, sanctions by sally

‘The government has announced the creation of a new workers’ watchdog to take over protecting the rights of UK workers.’

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BBC News, 8th June 2021

Source: www.bbc.co.uk

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

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Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by tracey

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

The UK’s new medicines and medical devices regime – next steps – Mills & Reeve

Posted March 12th, 2021 in chambers articles, enforcement, medicines, news by sally

‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’

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Mills & Reeve, 5th March 2021

Source: www.mills-reeve.com

Stalking protection orders: Police ‘not using’ new powers to protect victims – BBC News

Posted March 10th, 2021 in enforcement, harassment, news, police, stalking, statistics, victims by sally

‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’

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BBC News, 10th March 2021

Source: www.bbc.co.uk

Judge refuses to grant solicitor injunction after “grave robber” claims – Legal Futures

Posted March 9th, 2021 in defamation, enforcement, injunctions, news, solicitors, undertakings by tracey

‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’

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Legal Futures, 9th March 2021

Source: www.legalfutures.co.uk

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by tracey

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian

‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’

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The Guardian, 21st February 2021

Source: www.theguardian.com

Fly-tipping: Licensing system failing to stop dumping, Panorama finds – BBC News

Posted February 22nd, 2021 in enforcement, government departments, licensing, local government, news, waste by tracey

‘A BBC Panorama investigation has revealed how the government’s licensing system for waste carriers fails to stop fly-tipping. All businesses that transport and dispose of waste in England have to be licensed with the Environment Agency.
But there are few checks on who gets a licence and BBC Panorama found licensed firms can still be involved in the dumping of rubbish.’

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BBC News, 22nd February 2021

Source: www.bbc.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Covid: HSE refuses to close workplaces that are putting employees at risk – The Guardian

‘The government’s health and safety watchdog has failed to shut down any workplaces that put employees at risk of coronavirus even though there have been over 3,500 outbreaks at work since the start of the pandemic, the Observer has discovered.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

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UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com