‘A huge haul of drugs and mobile phones has been recovered since the introduction of detection measures to crackdown on prison contraband.’
Ministry of Justice, 9th July 2017
Source: www.gov.uk
‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’
The Guardian, 5th July 2017
Source: www.theguardian.com
‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’
Littleton Chambers, 19th June 2017
Source: www.littletonchambers.com
‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’
Six Pump Court, 26th June 2017
Source: www.6pumpcourt.co.uk
‘Businesses operating in the financial services, energy or telecoms sectors are to be encouraged to report their involvement in cartels directly to the Competition and Markets Authority (CMA) under proposals put forward by the regulator.’
OUT-LAW.com, 3rd July 2017
Source: www.out-law.com
‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’
Local Government Lawyer, 9th June 2017
Source: www.localgovernmentlawyer.co.uk
‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’
Hardwicke Chambers, 24th April 2017
Source: www.hardwicke.co.uk
‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’
Full story (PDF)
Drystone Chambers, 15th May 2017
Source: www.drystone.com
‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’
The Guardian, 15th May 2017
Source: www.guardian.co.uk
‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’
Nearly Legal, 26th April 2017
Source: www.nearlylegal.co.uk
‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’
Littleton Chambers, 3rd April 2017
Source: www.littletonchambers.com
‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’
Full story (PDF)
Drystone Chambers, 5th April 2017
Source: www.drystone.com
‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’
Blackstone Chambers, 5th April 2017
Source: www.blackstonechambers.com
‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’
Blackstone Chambers, 5th April 2017
Source: www.blackstonechambers.com
‘Government plans to raise £300m by increasing probate fees – payable when claiming inheritances – may not be legally enforceable, a parliamentary committee has said. A report by the joint committee on statutory instruments has suggested that the Ministry of Justice may not have the authority to introduce the charges of up to £20,000 per estate.’
The Guardian, 6th April 2017
Source: www.guardian.co.uk
‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’
Hardwicke Chambers, 27th March 2017
Source: www.hardwicke.co.uk
‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’
Local Government Lawyer, 4th April 2017
Source: www.localgovernmentlawyer.co.uk
‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’
The Guardian, 28th March 2017
Source: www.guardian.co.uk
‘On 7 March 2017, the House of Commons Committee of Privileges announced a new inquiry into the exercise and enforcement of the powers of the House in relation to select committees and contempts of Parliament.’
UK Constitutional Law Association, 23rd March 2017
Source: www.ukconstitutionallaw.org
‘The justice select committee has described the impact of Brexit on legal services as “a cause for concern, but not hyberbole”, in a report published today.’
Legal Futures, 22nd March 2017
Source: www.legalfutures.co.uk
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