Category: enforcement

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

SRA and BSB praised for enforcement processes – Legal Futures

Posted March 25th, 2019 in barristers, codes of practice, complaints, disciplinary procedures, enforcement, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘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

Posted March 15th, 2019 in enforcement, housing, judicial review, landlord & tenant, local government, news, standards by sally

‘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

Posted March 7th, 2019 in appeals, class actions, codes of practice, contracts, disclosure, enforcement, injunctions, law firms, news, non-disclosure agreements by sally

‘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

Posted March 1st, 2019 in case management, Commercial Court, consultations, enforcement, news, statistics, witnesses by sally

‘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 sally

‘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 sally

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

Full press release

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

Posted February 19th, 2019 in brexit, criminal justice, demonstrations, enforcement, freedom of expression, harassment, human rights, news, police, political parties, public order, sex discrimination, women by sally

‘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

Posted February 7th, 2019 in consultations, enforcement, investigatory powers, police, press releases, travellers, trespass by sally

‘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

Posted February 5th, 2019 in administrators, appeals, construction industry, contracts, costs, enforcement, insolvency, jurisdiction, news by sally

‘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

Posted February 5th, 2019 in administrators, appeals, construction industry, contracts, costs, enforcement, insolvency, jurisdiction, news by sally

‘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

Home Office still using NHS patient data for immigration enforcement despite suggesting it would end practice – The Independent

Posted February 5th, 2019 in confidentiality, data protection, debts, detention, enforcement, government departments, health, immigration, news, privacy, reporting restrictions by sally

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Review proposes enhancements to Modern Slavery Act reporting – OUT-LAW.com

Posted January 28th, 2019 in enforcement, forced labour, news, statutory interpretation, trafficking in human beings by sally

‘More clarity is needed over which organisations are required to comply with modern slavery reporting requirements, while the reports themselves need a consistent structure and far stronger enforcement, an independent review has recommended.’

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OUT-LAW.com, 25th January 2019

Source: www.out-law.com