The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

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Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

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Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers

Posted April 6th, 2017 in confiscation, enforcement, news by sally

‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’

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Drystone Chambers, 5th April 2017

Source: www.drystone.com

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Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

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A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

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Truss’s plan to increase probate fees may not be legally enforceable – The Guardian

Posted April 6th, 2017 in enforcement, fees, news, probate, reports, select committees by tracey

‘Government plans to raise £300m by increasing probate fees – payable when claiming inheritances – may not be legally enforceable, a parliamentary committee has said. A report by the joint committee on statutory instruments has suggested that the Ministry of Justice may not have the authority to introduce the charges of up to £20,000 per estate.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

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The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

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One in three councils targeting rough sleepers with enforcement measures: Crisis – Local Government Lawyer

‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

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Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

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Alexander Horne: Select Committee Powers of Enforcement – UK Constitutional Law Association

‘On 7 March 2017, the House of Commons Committee of Privileges announced a new inquiry into the exercise and enforcement of the powers of the House in relation to select committees and contempts of Parliament.’

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UK Constitutional Law Association, 23rd March 2017

Source: www.ukconstitutionallaw.org

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Impact of Brexit on legal services “a cause for concern”, justice committee says – Legal Futures

‘The justice select committee has described the impact of Brexit on legal services as “a cause for concern, but not hyberbole”, in a report published today.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

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Bailiff industry still problematic, say charities – The Guardian

Posted March 14th, 2017 in bailiffs, consumer credit, debts, enforcement, news by tracey

‘Bailiffs are continuing to intimidate vulnerable people in financial difficulty, despite a government crackdown on the issue, a group of charities has warned.’

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The Guardian, 14th March 2017

Source: www.guardian.co.uk

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Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

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Dominic Chappell to fight legal action forcing him to pay BHS pensions – The Guardian

Posted March 2nd, 2017 in company directors, enforcement, news, pensions by sally

‘Dominic Chappell, the last owner of BHS, has pledged to fight legal action by the Pensions Regulator designed to force him to pay millions of pounds into the failed retailer’s pension scheme, saying the black hole in the scheme was not his fault.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

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BBC orders urgent investigation into behaviour of TV licence fee collectors amid allegations of underhand tactics – Daily Telegraph

Posted February 27th, 2017 in BBC, codes of practice, enforcement, fees, licensing, media, news, select committees by tracey

‘The BBC has ordered an urgent investigation into the behaviour of television licence fee collectors amid allegations they are using underhand tactics and aggressive incentive schemes to catch evaders.’

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Daily Telegraph, 27th February 2017

Source: www.telegraph.co.uk

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Environmental Law News Update – Six Pump Court

Posted February 23rd, 2017 in climate change, EC law, enforcement, environmental protection, news, reports by sally

‘In this latest Environmental News Update, Christopher Badger comments on a record payment for an enforcement undertaking agreed by the Environment Agency, the House of Lords Brexit report, and the UK’s role in the EU-ETS scheme.’

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Six Pump Court, 22nd February 2017

Source: www.6pumpcourt.co.uk

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Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, surveyors by sally

‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’

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Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

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Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

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FCA overhaul risks deluge of contested enforcement probes – Daily Telegraph

Posted February 2nd, 2017 in enforcement, financial regulation, news, reports by tracey

‘The City watchdog has unveiled plans to overhaul the way it carries out enforcement investigations to make it easier for firms and individuals to dispute probes, sparking speculation the regulator could now become swamped in even lengthier cases.’

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Full FCA press release

Daily Telegraph, 1st February 2017

Source: www.telegraph.co.uk

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Companies pay out more than £1.5m for breaking environment laws – The Guardian

Posted January 31st, 2017 in enforcement, environmental protection, fines, news, pollution by sally

‘More than £1.5m will go to projects that help wildlife and the environment as companies pay for breaking green laws, the Environment Agency has said.’

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The Guardian, 30th January 2017

Source: www.guardian.co.uk

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Council defeats challenge over decision not to take enforcement action at quarry – Local Government Lawyer

Posted January 30th, 2017 in enforcement, environmental protection, local government, news, planning by sally

‘Cornwall Council has successfully defended a High Court challenge to its decision not to take enforcement action in respect of unauthorised development at a quarry in the Cornwall Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

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