Human Rights and Family Law Spring Update – Family Law Week

“Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.”

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Family Law Week, 22nd March 2013

Source: www.familylawweek.co.uk

Privacy and data protection developments in 2013: Google, Facebook, Leveson and more – Panopticon

Posted March 15th, 2013 in data protection, EC law, enforcement, internet, news, penalties, privacy, regulations, reports by tracey

“Data protection law was designed to be a fundamental and concrete dimension of the individual’s right to privacy, the primary safeguard against misuse of personal information. Given those ambitions, it is surprisingly rarely litigated in the UK. It also attracts criticism as imposing burdensome bureaucracy but delivering little in the way of tangible protection in a digital age. Arguably then, data protection law has tended to punch below its weight. There are a number of reasons for this.”

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Panopticon, 11th March 2013

Source: www.panopticonblog.com

Sign error on M42 motorway may mean speeding let-off – BBC News

Posted March 11th, 2013 in enforcement, news, prosecutions, road traffic offences by sally

“Thousands of motorway speeding convictions could be overturned because the font used to display the numbers on some variable speed limit signs may not have complied with traffic regulations.”

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BBC News, 9th March 2013

Source: www.bbc.co.uk

Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61

Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.

WLR Daily, 23rd February 2013

Source: www.iclr.co.uk

A new European approach to business failure and insolvency – Hardwicke Chambers

Posted February 8th, 2013 in EC law, enforcement, insolvency, jurisdiction, news, regulations by sally

“In December 2012, alongside the new European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, the European Commission released its proposal for a new Insolvency Regulation which is put forward to amend the current European Regulation on insolvency proceedings2 adopted on 29 May 2000.”

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Hardwicke Chambers, 1st February 2013

Source: www.hardwicke.co.uk

Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

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11 Stone Buildings, January 2013

Source: www.11sb.com

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”

WLR Daily, February 2013

Source: www.iclr.co.uk

Collective Actions: loss in complex cases – Competition Bulletin from Blackstone Chambers

Posted February 4th, 2013 in class actions, competition, enforcement, news by tracey

“The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims.”

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Competition Bulletin from Blackstone Chambers, 4th February 2013

Source: www.competitionbulletin.com

Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”

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Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Leveson warns journalistic standards could slip if bloggers not subject to law – The Guardian

Posted December 12th, 2012 in enforcement, internet, media, news, publishing, regulations by sally

“Lord Justice Leveson has warned that unless criminal and civil law is enforced against bloggers, the quality of journalism in conventional media could deteriorate.”

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The Guardian, 12th December 2012

Source: www.guardian.co.uk

Votes for prisoners: UK told it must implement ECHR decisions – The Guardian

Posted December 10th, 2012 in bills, elections, enforcement, human rights, interpretation, news, prisons by sally

“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”

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The Guardian, 10th December 2012

Source: www.guardian.co.uk

Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)

In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

PCC chair says he has widespread media backing for self-regulation plan – The Guardian

“The head of the Press Complaints Commission (PCC), Lord Hunt, has said there is widespread agreement within the media for a proposed new self-regulation body he is arguing should be introduced in the wake of the Leveson report into press standards, which is published on Thursday.”

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The Guardian, 26th December 2012

Source: www.guardian.co.uk

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily

Posted November 21st, 2012 in compensation, EC law, enforcement, insurance, jurisdiction, law reports, transport by sally

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329

“On the proper interpretation of articles 32 and 33 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk

Civil courts could get powers to enforce compensation for wronged consumers – OUT-LAW.com

Posted November 8th, 2012 in civil justice, compensation, consumer protection, courts, enforcement, news by sally

“New powers that could make it easier for consumers to demand reimbursement from companies who have overcharged or mis-sold them products have been proposed by the Government.”

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OUT-LAW.com, 7th November 2012

Source: www.out-law.com

Civil enforcement remedies – consultation on extending the range of remedies available to public enforcers of consumer law – Department for Business Innovation and Skills

Posted November 6th, 2012 in consultations, consumer protection, enforcement, news by sally

“The consultation sets out proposals to extend the range of remedies available to enforcers of consumer law.”

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Department for Business Innovation and Skills, 5th November 2012

Source: www.bis.gov.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”

WLR Daily, 30th October 2012

Source: www.iclr.co.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Child maintenance powers ’emasculated’ after court ruling – Daily Telegraph

“Absent parents who fail to support their children may no longer be threatened with jail after a court ruling against a Government body set up to pursue them.”

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Daily Telegraph, 31st October 2012

Source: www.telegraph.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

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OUT-LAW.com, 26th October 2012

Source: www.out-law.com