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

Dickinson and another v UK Acorn Finance Ltd – WLR Daily

Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479

‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Eviction and High Court Enforcement – Nearly Legal

Posted November 13th, 2015 in county courts, enforcement, news, repossession, transfer of proceedings by tracey

‘A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers.’

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Nearly Legal, 13th November 2015

Source: www.nearlylegal.co.uk

Criminals may be behind TalkTalk’s cyber breach, but it can still be penalised by regulators – Technology Law Update

‘The revelations emerging about a major cyber attack on telecoms and broadband supplier TalkTalk are every CIO’s worst nightmare. But hard-working companies that are doing their best to stay ahead of the hackers shouldn’t be criticised, should they?’

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Technology Law Update, 23rd October 2015

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

Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

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Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

Law enforcement need to give more priority to asset recovery in criminal cases, says expert – OUT-LAW.com

Posted October 9th, 2015 in assets recovery, confiscation, enforcement, news, select committees by tracey

‘New figures showing that criminals have still to re-pay a total of £774 million in ill-gotten gains highlights the need for law enforcement agencies to give greater priority to asset recovery in their criminal investigations, an expert has said.’

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OUT-LAW.com, 8th October 2015

Source: www.out-law.com

The Consumer Rights Act 2015: Financial Services & Consumer Credit – Henderson Chambers

Posted October 7th, 2015 in consumer credit, consumer protection, contracts, enforcement, news by sally

‘The Consumer Rights Act 2015 comes into force on 1 October 2015. In anticipation, Henderson Chambers is publishing a series of Alerters reviewing the key provisions. In this final article in the series, Rachel Tandy considers the impact of the legislation on the financial services sector.’

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Henderson Chambers, 28th September 2015

Source: www.hendersonchambers.co.uk

Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

Finance & Divorce Update September 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk