Enforcing family financial orders – Law Commission

Posted March 19th, 2015 in consultations, enforcement, financial provision, Law Commission, news by sally

‘Every year, thousands of separating couples apply to the courts for financial orders, either because they cannot agree or to turn an agreement into an order so as to make it enforceable. The courts can order a person to make financial provision for a former spouse or civil partner. Sometimes the courts also make orders for the benefit of the children. The orders are made to help make sure that the needs of both partners and their children are met and, where possible, to maintain their living standards.’

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Law Commission, 11th March 2015

Source: www.lawcommission.justice.gov.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Policing abuse in the online world – where does the law currently stand? – Halsbury’s Law Exchange

‘The prevalence of racist and misogynistic abuse online has become firmly established as a matter that now warrants considerable political attention. As legislators pick between the differences in “real world” and online forms of abuse, as well as judicial borders of the internet, Rhory Robertson, partner at Collyer Bristow LLP, outlines the many questions that must be addressed in any new lawmaking.’

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Halsbury’s Law Exchange, 6th March 2015

Source: www.halsburyslawexchange.co.uk

Nuptial Agreements: The Search for Intention – Family Law Week

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

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Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

International Children Law Update: February 2015 – Family Law Week

Posted February 27th, 2015 in child abduction, costs, enforcement, foreign jurisdictions, news, wardship by tracey

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 23rd February 2015

Source: www.familylawweek.co.uk

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Britain open to terrorist drone attacks due to lax aviation rules, experts fear – The Independent

Posted January 26th, 2015 in aircraft, bills, disclosure, enforcement, freedom of information, news, terrorism by sally

‘Terrorists could use swarms of drones to bring down passenger aircraft, disperse chemical or biological weapons and target a nuclear power plants in Britain because of our lax aviation rules.’

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The Independent, 23rd January 2015

Source: www.independent.co.uk

Prisoners’ mobile phones to be cut off under new law – Daily Telegraph

Posted January 5th, 2015 in bills, confiscation, enforcement, news, prisons, statistics, telecommunications by sally

‘Mobile phone companies will be forced to cut off signals to handsets being used by inmates in prisons, under planned new laws.’

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Daily Telegraph, 4th January 2015

Source: www.telegraph.co.uk

Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

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Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

New ‘watchdog’ and ‘monitor’ will hold reformed Highways Agency to account, says UK government – OUT-LAW.com

Posted October 30th, 2014 in bills, enforcement, fines, government departments, news, road traffic by sally

‘New bodies which will monitor the performance of the strategic road network and champion the needs of its users will be created as part of plans to hold a reconstituted Highways Agency to account, the UK government has announced.’

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OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Pensions Regulator fines first employers for breaches of automatic enrolment duties – OUT-LAW.com

Posted October 30th, 2014 in employment, enforcement, fines, news, pensions, reports by sally

‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’

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OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Punitive drug law enforcement failing, says Home Office study – The Guardian

Posted October 30th, 2014 in crime, drug abuse, drug offences, enforcement, evidence, health, news, reports by sally

‘There is no evidence that tough enforcement of the drug laws on personal possession leads to lower levels of drug use, according to the government’s first evidence-based study.’

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The Guardian, 30th October 2014

Source: www.guardian.co.uk

Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

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OUT-LAW.com, 20th October 2014

Source: www.out-law.com

The Latest Guidance On The Enforceability Of Restrictive Covenants – No. 5 Chambers

Posted September 25th, 2014 in competition, contract of employment, enforcement, news, restrictive covenants by sally

‘Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the cases of Merlin Financial Consultants Ltd v Cooper [2014] IRLR 610, QB and Prophet plc v Huggett [2014] EWCA Civ 1013 (CA).’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

BSB enforcement activity producing better outcomes: time taken to investigate complaints against barristers reducing – Bar Standards Board

Posted September 22nd, 2014 in barristers, complaints, disciplinary procedures, enforcement, news, statistics by sally

‘The latest Annual Report on the performance of the Bar Standards Board (BSB)’s Professional Conduct Committee and Professional Conduct Department has been published today. The report shows that the percentage of cases being concluded or referred to disciplinary action within the agreed service standards increased from 64% in 2012/13 to 77% in 2013/14.’

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Bar Standards Board, 19th September 2014

Source: www.barstandardsboard.org.uk

Ministers to review enforcement of TV licence payment – BBC News

Posted September 9th, 2014 in BBC, bills, crime, enforcement, licensing, media, news by sally

‘Ministers are to review how payment of the TV licence fee is enforced amid concerns about the number of people appearing in court for evasion.’

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BBC News, 9th September 2014

Source: www.bbc.co.uk