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

Covid travel rule-breakers could face 10-year jail terms, says Hancock – The Guardian

‘Travellers arriving from coronavirus hotspots could face £10,000 fines and jail sentences of up to 10 years under a package of measures designed to stop new variants entering Britain.’

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The Guardian, 9th February 2021

Source: www.theguardian.com

Almost a third of prosecutions under coronavirus laws dropped, review shows – The Independent

‘Almost a third of prosecutions under coronavirus laws have been brought incorrectly, leading to hundreds of cases being dropped, analysis has revealed. A review by the Crown Prosecution Service (CPS) found that 359 of 1,252 charges last year under laws brought in to aid public health measures were later withdrawn or quashed in court.’

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The Independent, 7th February 2021

Source: www.independent.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Shed parties and illegal races: UK police crack down on Covid-19 rulebreakers – The Guardian

Posted January 20th, 2021 in coronavirus, enforcement, fines, freedom of movement, news, police by sally

‘Police have issued fines to coronavirus rule breakers including those who held a party in a garden shed and a group of more than 40 people who gathered for illegal car racing.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Principle of finality in litigation – Law Society’s Gazette

Posted January 19th, 2021 in delay, enforcement, judgments, jurisdiction, news, sanctions by sally

‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’

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Law Society's Gazette, 18th January 2021

Source: www.lawgazette.co.uk

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Covid fine review welcomed by ‘intimidated’ women – BBC News

Posted January 11th, 2021 in coronavirus, enforcement, fines, freedom of movement, interpretation, news, police by sally

‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’

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BBC News, 10th January 2021

Source: www.bbc.co.uk

Local authority secures compliance with High Court injunction to restore plot of land to open countryside – Local Government Lawyer

‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’

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Local Government Lawyer, January 2021

Source: www.localgovernmentlawyer.co.uk

Developments following Ground Developments… or not – Practical Law: Construction Blog

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

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Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com