Law Commission consults on reforms to confiscation regime – Local Government Lawyer

Posted September 22nd, 2020 in confiscation, consultations, enforcement, Law Commission, news, proceeds of crime by sally

‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Home Office’s £400m immigration unit bases policies on ‘assumptions and prejudice’, MPs warn – The Independent

Posted September 18th, 2020 in diversity, enforcement, equality, government departments, immigration, news by tracey

‘The Home Office appears to be formulating its immigration policies on “anecdote, assumption and prejudice” rather than evidence, MPs have warned.’

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The Independent, 18th September 2020

Source: www.independent.co.uk

Coronavirus: Illegal house party host fined £10k apologises – BBC News

Posted September 14th, 2020 in coronavirus, enforcement, fines, freedom of movement, news, police, proportionality by tracey

‘A student who was fined £10,000 for an illegal house party of more than 50 people has apologised.’

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BBC News, 13th September 2020

Source: www.bbc.co.uk

Competition watchdog takes enforcement action over leaseholds – The Guardian

‘The competition watchdog has launched enforcement action against four of the UK’s leading housing developers – Barratt, Persimmon, Taylor Wimpey and Countryside Properties – after an investigation uncovered evidence that leasehold homeowners and prospective buyers were being misled and charged excessive fees.’

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The Guardian, 4th September 2020

Source: www.theguardian.com

Section 233B of the Insolvency Act 1986: Implications for suppliers and debtor companies – Forum Chambers

Posted August 14th, 2020 in chambers articles, company law, enforcement, insolvency, news by sally

‘For over twenty years, section 233 of the Insolvency Act 1986 (“IA 1986”) has restricted the contractual freedom of parties, but only in the context of a narrow range of contracts for the supply of utilities such as gas, water and electricity when a company enters into a specified insolvency process. In 2015, further restrictions to the enforcement of insolvency related contract terms were introduced, though again only with regard to this narrow range of contracts. The new section 233B IA 1986, by contrast, is far broader in scope and puts a significant dent in the ability of parties to enforce and vary contractual terms. This article considers the implications of the new provision, which entered into force on 26 June 2020.’

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Forum Chambers, 10th August 2020

Source: www.forumchambers.com

Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB

‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’

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3PB, 21st July 2020

Source: www.3pb.co.uk

Enforcing an adjudicator’s decision where no order for payment – Practical Law Construction Blog

‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’

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Practical Law Construction Blog, 28th July 2020

Source: constructionblog.practicallaw.com

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

Coronavirus: Police issue just one fine for travel quarantine breach, figures show – The Independent

‘Police have fined just one person over breaching quarantine rules for people arriving from foreign countries, new figures for England and Wales show.’

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The Independent, 28th July 2020

Source: www.independent.co.uk

Coronavirus: New face covering rules come into force in England – BBC News

‘Face coverings are now compulsory for customers in shops in England, after new coronavirus rules came into force within 12 hours of the government issuing guidance on the change.’

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BBC News, 24th July 2020

Source: www.bbc.co.uk

Court rules client must pay firm after terminating DBA early – Law Society’s Gazette

Posted July 14th, 2020 in damages, enforcement, news, solicitors by tracey

‘Lawyers working on a damages-based agreement are entitled to be paid when the client has terminated early, the High Court has ruled.’

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Law Society's Gazette, 13th July 2020

Source: www.lawgazette.co.uk

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Leicester residents could be fined up to £3,200 for breaching new lockdown laws – The Guardian

Posted July 6th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by sally

‘The government has published its local lockdown rules for Leicester, which will see most businesses shutting their doors once again.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by tracey

‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Good Faith – a springboard to “Responsible Contractual Behaviour”? – Tanfield Chambers

Posted June 25th, 2020 in contracts, enforcement, news by sally

‘On 7 May 2020, the Cabinet Office issued guidance urging “responsible and fair performance and enforcement of contracts” during the Coronavirus pandemic. This guidance, which does not have legislative force, has caused some head-scratching amongst lawyers. Judges have traditionally been reluctant to muddy the waters of contract law (often murky enough as it is) with vague and subjective notions such as responsibility and fairness. The usual approach is – in simple terms – to hold the parties to the words they have used, imply only such other words as are necessary to make the contract work, and let the rest take care of itself. So what does the Cabinet Office guidance mean, and how, if at all, can the concept of “Responsible Contractual Behaviour” (“RCB”) be shoehorned into the existing law?’

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Tanfield Chambers, 24th June 2020

Source: www.tanfieldchambers.co.uk

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk