Category: enforcement

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

Posted October 25th, 2019 in armed forces, constitutional law, enforcement, government departments, judicial review, judiciary, jurisdiction, news, parliament, Supreme Court by sally

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’

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Law Society's Gazette, 1st October 2019

Source: www.lawgazette.co.uk

MPs call for tougher penalties on drivers using mobile phones – The Guardian

Posted August 13th, 2019 in accidents, dangerous driving, enforcement, news, road traffic offences, select committees, statistics, telecommunications by tracey

‘Tougher restrictions on drivers using mobile phones, including extending the ban to hands-free devices, should be considered, MPs have said. The transport select committee said using any type of mobile phone while driving had potentially catastrophic consequences. The MPs called for more severe penalties “commensurate with the risks”, as road deaths linked to phone use have risen steadily over the past decade.’

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The Guardian, 13th August 2019

Source: www.theguardian.com

MPs call for QOCS to cover discrimination cases – Litigation Futures

Posted July 30th, 2019 in costs, damages, enforcement, equality, news, select committees by sally

‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’

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Litigation Futures, 30th July 2019

Source: www.litigationfutures.com

Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com

Posted July 26th, 2019 in company directors, contempt of court, divorce, enforcement, families, financial dispute resolution, injunctions, news by tracey

‘he High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai.’

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OUT-LAW.com, 24th July 2019

Source: www.pinsentmasons.com

Social housing: changes to intervention and enforcement – Local Government Lawyer

Posted July 12th, 2019 in codes of practice, consultations, enforcement, housing, local government, news, ombudsmen by sally

‘The Regulator of Social Housing is running a consultation on changes to its guidance on intervention, enforcement and use of powers. Sarah Greenhalgh analyses the proposals.’

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Local Government Lawyer, 12th July 2019

Source: www.localgovernmentlawyer.co.uk

Prenups put families’ ability to look after each other at risk, Supreme Court President says – Daily Telegraph

Posted July 9th, 2019 in enforcement, families, news, prenuptial agreements by sally

‘Families may not be able to look after each other if prenuptial agreements become legally binding, the Supreme Court President has warned.’

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Daily Telegraph, 8th July 2019

Source: www.telegraph.co.uk

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

Posted July 4th, 2019 in construction industry, contracts, damages, delay, enforcement, interpretation, news by sally

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

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Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

National minimum wage naming scheme suspended – OUT-LAW.com

Posted June 12th, 2019 in budgets, disclosure, employment, enforcement, minimum wage, news, remuneration, statistics by tracey

‘A scheme for the naming of employers found to be in breach of the UK’s national minimum wage (NMW) has been suspended while the government reviews the scheme.’

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OUT-LAW.com, 12th June 2019

Source: www.out-law.com

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’

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Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

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Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

(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

Posted April 30th, 2019 in enforcement, health & safety, housing, landlord & tenant, news, regulations, rent, standards by sally

‘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

Posted April 8th, 2019 in bullying, child abuse, communicating false information, duty of care, enforcement, indecent photographs of children, internet, news, pornography, statistics, terrorism by sally

‘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