Prosecution over unauthorised vehicle repair business leads to £120k+ confiscation orders – Local Government Lawyer

Posted May 31st, 2018 in confiscation, costs, enforcement, fines, local government, news, planning by sally

‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by tracey

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

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Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer

Posted May 15th, 2018 in costs, enforcement, local government, news, penalties, waste by sally

‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

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Practical Law: Construction Blog, 24th April 2018

Source: constructionblog.practicallaw.com

Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by tracey

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

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Supreme Court Blog, 20th April 2018

Source: ukscblog.com

High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures

Posted April 13th, 2018 in arbitration, costs, enforcement, news by tracey

‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’

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Litigation Futures, 12th April 2018

Source: www.litigationfutures.com

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