(Un)signed, sealed, delivered: Anchor 2020 v Midas Construction – Practical Law: Construction Blog

Posted May 9th, 2019 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations.’

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Practical Law: Construction Blog, 8th May 2019

Source: constructionblog.practicallaw.com

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Sectoral Regulation Without Section 21 – Nearly Legal

‘One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool which encouraged, or compelled, landlord compliance. Or will it have little practical effect.’

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Nearly Legal, 29th April 2019

Source: nearlylegal.co.uk

Give local authorities extra powers to curb junk food ads – report – The Guardian

Posted April 24th, 2019 in advertising, children, enforcement, food, health, local government, London, news by sally

‘Local authorities should be given greater powers to make it easier for them to impose restrictions on junk food advertising in their areas, a report has recommended.’

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The Guardian, 24th April 2019

Source: www.theguardian.com

Government guidance to end “aggressive enforcement tactics” in recovery of unpaid council tax – Local Government Lawyer

Posted April 15th, 2019 in council tax, debts, enforcement, local government, news by michael

‘The Ministry for Housing, Communities and Local Government (MHCLG) is to publish new guidance to improve how councils recover unpaid council tax and end their use of “aggressive enforcement tactics”.’

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Local Government Lawyer, 12th April 2019

Source: www.localgovernmentlawyer.co.uk

Social media firms to be penalised for not removing child abuse – The Guardian

‘New laws proposed to tackle social media companies streaming child abuse, extremism, terrorist attacks and cyberbullying have been welcomed by senior police and children’s charities.’

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The Guardian, 8th April 2019

Source: www.theguardian.com

CMA challenges call for new UK merger laws – OUT-LAW.com

Posted March 27th, 2019 in competition, enforcement, internet, mergers, news by sally

‘Changes in legislation are not necessary to “prevent mergers in digital markets which could harm existing or potential future competition or innovation”, the Competition and Markets Authority (CMA) has said.’

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OUT-LAW.com, 27th March 2019

Source: www.out-law.com

SRA and BSB praised for enforcement processes – Legal Futures

‘The Legal Services Board (LSB) has given both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) a clean bill of health in the way they enforce their rules.’

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Legal Futures, 25th March 2019

Source: www.legalfutures.co.uk

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

Court of Appeal discharges injunction banning firm from VW group action – Law Society’s Gazette

‘The Court of Appeal has allowed an appeal by group action specialists Harcus Sinclair challenging the enforceability of a non-disclosure agreement it entered into with a Derbyshire firm regarding the Volkswagen group litigation.’

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Law Society's Gazette, 6th March 2019

Source: www.lawgazette.co.uk

Commercial Court “should better enforce witness statement rules” – Litigation Futures

‘Early results from a survey on witness statements has found that that most Commercial Court users want judges to be tougher in enforcing the rules, it has emerged.’

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Litigation Futures, 28th February 2019

Source: www.litigationfutures.com

New ruling does not resolve ‘smash and grab’ adjudication uncertainty – OUT-LAW.com

Posted February 28th, 2019 in construction industry, contracts, enforcement, news by tracey

‘A new court ruling leaves us little further forward on an employer’s right to adjudicate the true value of the sum due under a construction contract after failing to serve payment notices and without first paying the amount demanded by the contractor.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

New Independent Anti-Slavery Commissioner announced – Home Office

Posted February 25th, 2019 in enforcement, forced labour, police, press releases, trafficking in human beings by tracey

‘Sara Thornton to take up role to help combat modern slavery.’

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Home Office, 22nd February 2019

Source: www.gov.uk/home-office

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.’

Full press release

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