‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’
Practical Law: Construction Blog, 19th November 2019
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’
Local Government Lawyer, 4th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’
No. 5 Chambers, 7th October 2019
Source: www.no5.com
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
‘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.’
Blackstone Chambers, 22nd October 2019
Source: www.blackstonechambers.com
‘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.’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘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.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
‘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.’
The Guardian, 13th August 2019
Source: www.theguardian.com
‘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.’
Litigation Futures, 30th July 2019
Source: www.litigationfutures.com
‘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.’
OUT-LAW.com, 24th July 2019
Source: www.pinsentmasons.com
‘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.’
Local Government Lawyer, 12th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Families may not be able to look after each other if prenuptial agreements become legally binding, the Supreme Court President has warned.’
Daily Telegraph, 8th July 2019
Source: www.telegraph.co.uk
‘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’).’
Hardwicke Chambers, 28th June 2019
Source: hardwicke.co.uk
‘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.’
OUT-LAW.com, 12th June 2019
Source: www.out-law.com
‘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.’
Legal Futures, 3rd June 2019
Source: www.legalfutures.co.uk
‘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.’
Practical Law: Construction Blog, 22nd May 2019
‘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.’
Practical Law: Construction Blog, 8th May 2019
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