Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 20th, 2019 in enforcement, injunctions, insolvency, jurisdiction, news, stay of proceedings by sally

‘This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former.’

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Hardwicke Chambers, 6th February 2019

Source: hardwicke.co.uk

Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, enforcement, insolvency, jurisdiction, news by sally

‘This was a conjoined appeal alongside Bresco v Lonsdale. In this case, Cannon and Primus had already participated in an adjudication, with the decision of the adjudicator favouring Primus. Primus would later enter into a Company Voluntary Arrangement.’

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Hardwicke Chambers, 13th February 2019

Source: hardwicke.co.uk

Is it OK to call my MP a Nazi? – Doughty Street Chambers

‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’

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Doughty Street Chambers, 11th January 2019

Source: insights.doughtystreet.co.uk

Discharging a Court of Protection Security Bond After P Dies – Radcliffe Chambers

Posted February 8th, 2019 in Court of Protection, enforcement, guardianship, news, surety, wills by sally

‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’

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Radcliffe Chambers, 4th February 2019

Source: www.radcliffechambers.com

Government announces plans to tackle illegal traveller sites – Home Office

‘The Home Secretary has today (Wednesday 6 February) announced plans to give police tough new powers to crackdown on illegal traveller sites.’

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Home Office, 6th February 2019

Source: www.gov.uk/home-office

Liquidators can use, but not enforce, adjudication in construction contracts – OUT-LAW.com

‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’

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OUT-LAW.com, 4th February 2019

Source: www.out-law.com

Does Cannon v Primus mean an end to general jurisdictional reservations? – Practical Law: Construction Blog

‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’

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Practical Law: Construction Blog, 30th January 2019

Source: constructionblog.practicallaw.com

Home Office still using NHS patient data for immigration enforcement despite suggesting it would end practice – The Independent

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Review proposes enhancements to Modern Slavery Act reporting – OUT-LAW.com

‘More clarity is needed over which organisations are required to comply with modern slavery reporting requirements, while the reports themselves need a consistent structure and far stronger enforcement, an independent review has recommended.’

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OUT-LAW.com, 25th January 2019

Source: www.out-law.com

HMRC statutory demand upheld against guarantor – OUT-LAW.com

Posted January 25th, 2019 in bankruptcy, enforcement, guarantees, news, statutory demands by tracey

‘The High Court in England has ruled that a statutory demand based on a judgment debt is valid, despite the judgment debt arising from a guarantee which prohibited the creditor from enforcing the guarantee in bankruptcy proceedings. The High Court also clarified that judgment interest and costs do not form part of the debt and can be enforced separately.’

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OUT-LAW.com, 24th January 2019

Source: www.out-law.com

Javid and Hammond team up to tackle £14bn of economic crimes – The Guardian

Posted January 14th, 2019 in bribery, budgets, corruption, enforcement, fraud, money laundering, news, statistics by tracey

‘The home secretary and chancellor are to launch a joint assault on fraud, bribery, corruption and money laundering. Sajid Javid and Philip Hammond will chair a new taskforce that will work with senior figures in the financial sector to tackle economic crime. This is a broad category covering a range of illegal activity, with the Home Office estimating its scale to be at least £14.4bn a year.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC) – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, enforcement, news by sally

‘An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

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No. 5 Chambers, 19th November 2018

Source: www.no5.com

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

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4 New Square, 19th November 2018

Source: www.4newsquare.com

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog

Posted November 28th, 2018 in dispute resolution, enforcement, fraud, news, stay of execution by tracey

‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’

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Practical Law: Construction Blog, 28th November 2018

Source: constructionblog.practicallaw.com

BSB gains power to intervene in barristers’ practices – Legal Futures

Posted November 23rd, 2018 in barristers, disciplinary procedures, documents, enforcement, news, regulations by sally

‘The Bar Standards Board (BSB) now has the power to intervene in individual barristers’ practices among a host of other new regulatory tools that have been approved by Parliament.’

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Legal Futures, 23rd November 2018

Source: www.legalfutures.co.uk

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

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Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Review of the Psychoactive Substances Act 2016 – Home Office

‘This review sought to measure changes in outcomes before and after the implementation of the Act, to provide an indication of whether its aims are being achieved.’

Full press release

Home Office, 19th November 2018

Source: www.gov.uk/home-office