Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms – Local Government Lawyer

Posted August 10th, 2022 in appeals, enforcement, local government, news, Wales by sally

‘The Welsh Language Tribunal has dismissed Swansea Council’s appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court upholds ruling that $3m CFA is unforceable – Legal Futures

Posted August 2nd, 2022 in agreements, enforcement, fees, law firms, news, repayment by tracey

‘The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement (CFA) has to repay the money.’

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Legal Futures, 2nd August 2022

Source: www.legalfutures.co.uk

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

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Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

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Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

The obligation to pay a notified sum where the contractor is insolvent – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, enforcement, insolvency, news by tracey

‘The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in future payment cycles (whether interim or final) or by a true value adjudication (following S&T (UK) Ltd v Grove Developments Ltd).’

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Practical Law: Construction Blog, 15th June 2022

Source: constructionblog.practicallaw.com

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

UK consumer law enforcement powers to be bolstered – OUT-LAW.com

‘Businesses that breach UK consumer protection laws will be subject to fines of up to 10% of their annual global turnover under changes to legislation the UK government has committed to making.’

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OUT-LAW.com, 21st April 2022

Source: www.pinsentmasons.com

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

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Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

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Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by tracey

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’

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UKSC Blog, 16th November 2021

Source: ukscblog.com

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by tracey

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

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OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog

Posted October 8th, 2021 in appeals, enforcement, insolvency, news by tracey

‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’

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Practical Law: Construction Blog, 7th October 2021

Source: constructionblog.practicallaw.com

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

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EIN Blog, 15th September 2021

Source: www.ein.org.uk

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk