Mike Ashley wins high court battle over ‘£15m pub deal’ – The Guardian

Posted July 26th, 2017 in contracts, enforcement, news by sally

‘Newcastle United owner and Sports Direct boss Mike Ashley has won a high court battle with investment banker Jeffrey Blue over a £15m deal allegedly made in a London pub.’

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The Guardian, 26th July 2017

Source: www.theguardian.com

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

EU citizenship: all at sea? – New Law Journal

‘Jonathan Kingham explores the UK’s ‘offer’ on residency for EU citizens.’

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New Law Journal, 21st July 2017

Source: www.newlawjournal.co.uk

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Crackdown on drugs, drones and mobile phones in prisons – Ministry of Justice

Posted July 13th, 2017 in aircraft, drug abuse, enforcement, news, press releases, prisons, telecommunications by tracey

‘A huge haul of drugs and mobile phones has been recovered since the introduction of detection measures to crackdown on prison contraband.’

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Ministry of Justice, 9th July 2017

Source: www.gov.uk

Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian

Posted July 6th, 2017 in EC law, enforcement, judges, judgments, news, treaties by sally

‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

Nicholas Goodfellow on Challenging the Enforcement of Foreign Arbitral Awards – Littleton Chambers

‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’

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Littleton Chambers, 19th June 2017

Source: www.littletonchambers.com

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’

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Six Pump Court, 26th June 2017

Source: www.6pumpcourt.co.uk

CMA plans to be ‘single port of call’ for regulated businesses seeking leniency from cartel prosecutions and fines – OUT-LAW.com

‘Businesses operating in the financial services, energy or telecoms sectors are to be encouraged to report their involvement in cartels directly to the Competition and Markets Authority (CMA) under proposals put forward by the regulator.’

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OUT-LAW.com, 3rd July 2017

Source: www.out-law.com

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Construction v Insolvency: Adjudicators’ decisions will be enforced, despite a statutory moratorium – Hardwicke Chambers

Posted May 16th, 2017 in arbitration, construction industry, enforcement, insolvency, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’

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Hardwicke Chambers, 24th April 2017

Source: www.hardwicke.co.uk

The Role in of Section.10a (s.10a)in Confiscation Order Enforcements – A Useful Tool for Local Authorities to get it Right First Time – Drystone Chambers

Posted May 16th, 2017 in confiscation, enforcement, local government, news, third parties by sally

‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’

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Drystone Chambers, 15th May 2017

Source: www.drystone.com

Debt fears grow as county court judgments soar by 35% – The Guardian

Posted May 16th, 2017 in consumer credit, county courts, debts, enforcement, news by sally

‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’

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The Guardian, 15th May 2017

Source: www.guardian.co.uk

The Tribunal’s enforcer – Nearly Legal

Posted April 27th, 2017 in enforcement, housing, injunctions, news, tribunals by sally

‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’

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Nearly Legal, 26th April 2017

Source: www.nearlylegal.co.uk

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

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

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

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

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