Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Posted April 13th, 2016 in appeals, compensation, damages, enforcement, estoppel, news, proportionality by sally

‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

Health Executive of Ireland v Z and others – WLR Daily

Health Executive of Ireland v Z and others [2016] EWHC 784 (Fam)

‘The applicant sought and obtained an order in the Irish High Court authorising the treatment in a specialist unit in an English hospital of an Irish child aged 15 who had developed a very serious eating disorder and who required treatment which could not be provided in her home country. Her doctors, supported by her parents but against her wishes, made arrangements for her to be admitted and treated in a specialist unit in an English hospital which was able to provide the treatment required. The applicant applied to the English High Court for an order, under the inherent jurisdiction of the court, for recognition and enforcement of the Irish High Court order. At an initial hearing the court made an interim emergency order under inherent jurisdiction permitting the child’s emergency admission for treatment in the hospital in England. At a further hearing on notice a number of issues arose for determination, including whether article 1 of Council Regulation (EC) No 2201/2003 (“the Regulation”) applied to the case, whether the court had power under its inherent jurisdiction to make an interim emergency order for the recognition and enforcement of the Irish High Court order pending an application under FPR Pt 31, whether recognition should be refused on any of the grounds set out in article 23 of the Regulation, and whether the child should be represented in the proceedings.’

WLR Daily, 8th April 2016

Source: www.iclr.co.uk

Guidance on coasting schools – Education Law Blog

‘In all of the excitement about the proposals in the White Paper for all schools to become academies, there has been little discussion about the Guidance for local authorities and RSCs on Schools causing concern – Intervening in failing, underperforming and coasting schools. Alongside this guidance, the Government has published its response to the consultation exercise, which includes a useful summary of the amendments that the Government made to the Bill during its Parliamentary passage.’

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Education Law Blog, 7th April 2016

Source: www.education11kbw.com

Hashtag applications on the rise #TimesAreChanging – Technology Law Update

Posted March 30th, 2016 in enforcement, intellectual property, internet, news, statistics, trade marks by sally

‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’

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Technology Law Update, 30th March 2016

Source: www.technology-law-blog.co.uk

Righting wrong writs. High Court enforcement – Nearly Legal

‘This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were updates in February. Now, the coup de grace (which, if I am entirely honest, I’ve known was coming for a while).’

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Nearly Legal, 21st March 2016

Source: www.nearlylegal.co.uk

UK competition authority to review the way it conducts market investigations – OUT-LAW.com

Posted March 18th, 2016 in banking, competition, energy, enforcement, news, ombudsmen by tracey

‘The Competition and Markets Authority (CMA) in the UK is to review the way it conducts market investigations, it has announced.’

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OUT-LAW.com, 16th March 2016

Source: www.out-law.com

Car smoking ban farce as Met nets no prosecutions – Daily Telegraph

Posted March 7th, 2016 in children, enforcement, fines, health, news, police, prosecutions, smoking, statistics by tracey

‘A new law aimed at protecting children from health risks of adults smoking in cars has turned into a farce after it emerged that Britain’s largest police force has not prosecuted a single driver.’

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Daily Telegraph, 7th March 2016

Source: www.telegraph.co.uk

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

The New Stomping Ground: Validity of Payment Applications – Hardwicke Chambers

Posted February 24th, 2016 in construction industry, contracts, enforcement, news, time limits by sally

‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

An Inconvenient Truth: The Danger of Using Undertakings in International Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’

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Family Law Week, 18th February 2016

Source: www.familylawweek.co.uk

The FCA and Upper Tribunal – Financial Services Blog

Posted February 22nd, 2016 in enforcement, financial services ombudsman, money laundering, news, tribunals by sally

‘The FCA’s “further decision notice” on Mr Tariq Carrimjee (senior partner and CEO of Somerset Asset Management) revealed that, the regulator has taken on board the Tribunal’s view that banning Mr Carrimjee from all regulated activity would be “irrational and disproportionate”, and it has instead decided to prohibit him from performing compliance oversight (CF10) and money laundering reporting functions (CF11).’

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Financial Services Blog, 15th February 2016

Source: www.rpc.co.uk

‘Reputational damage’ fears discouraging corporate fraud investigations, expert warns – OUT-LAW.com

Posted February 18th, 2016 in company law, enforcement, fraud, news by sally

‘Corporate victims of fraud will send a “convincing message about their values” to investors and customers if they set aside their fears of reputational damage in order to publicly investigate and deal with the discovery, an expert has said.’

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OUT-LAW.com, 17th February 2016

Source: www.out-law.com

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

High Court enforcement continued – Nearly Legal

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

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Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

How to resist or enforce possession orders after 6 years – 36 Bedford Row

Posted February 10th, 2016 in enforcement, news, repossession, time limits by sally

‘It is common theme in social housing that landlords who have obtained a possession order (whether outright or suspended) may exercise restraint and not seek to immediately enforce the order by a warrant for execution. Another common scenario is where a landlord has tried, perhaps repeatedly, to enforce possession but cannot do so because the tenant successfully applies to the Court for the warrant to be stayed.’

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36 Bedford Row, 28th January 2016

Source: www.36property.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

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Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

Home Office loses track of more than 10,000 asylum seekers – The Guardian

Posted December 18th, 2015 in asylum, enforcement, government departments, immigration, news by tracey

‘The Home Office has lost touch with more than 10,000 asylum seekers in Britain and efforts to trace them are considered “a drain on resources”, the official immigration watchdog has revealed.’

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The Guardian, 17th December 2015

Source: www.guardian.co.uk

Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Dudley Muslim Association v Dudley MBC – Hardwicke Chambers

Posted December 9th, 2015 in appeals, contracts, enforcement, estoppel, local government, news, planning, sale of land by sally

‘Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land following the decision in Dudley Muslim Association v Dudley MBC [2015] EWCA Civ 1123.’

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Hardwicke Chambers, 9th December 2015

Source: www.hardwicke.co.uk