More on ECtHR, Article 8 and the Private Sector – NearlyLegal

Posted October 8th, 2012 in enforcement, human rights, landlord & tenant, news by sally

“Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate.”

Full story

NearlyLegal, 6th October 2012


OFT welcomes DBIS proposals for reforms in private enforcement of competition law – Competition Bulletin from Blackstone Chambers

Posted October 1st, 2012 in competition, enforcement, jurisdiction, news by sally

“Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in competition law: A consultation on options for reform’). Published at the end of July 2012 when most people had better things to do, the OFT’s Response has generated less attention. It nonetheless provides a general endorsement of the DBIS proposals.”

Full story

Competition Bulletin from Blackstone Chamber, 28th September 2012


Deaths in custody lessons are being ignored, says charity – The Guardian

Posted October 1st, 2012 in coroners, death in custody, enforcement, inquests, news by sally

“Lessons learned from deaths in police and prison custody are being repeatedly ignored or lost because there is no official body to enforce them, according to a charity that supports bereaved families at inquests.”

Full story

The Guardian, 1st October 2012


SerVaas Inc v Rafidain Bank – WLR Daily

Posted August 31st, 2012 in debts, enforcement, international law, law reports, state immunity, third parties by tracey

SerVaas Inc v Rafidain Bank: [2012] UKSC 40;   [2012] WLR (D)  257

“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”

WLR Daily, 17th August 2012


Privacy watchdog “not ready” to deal with cookie complaints, according to FOI request –

“The Information Commissioner’s Office (ICO) has yet to begin investigating websites accused of breaking the new cookie laws, which came into force last year, because it does not yet have an investigative team in place.”

Full story, 20th August 2012


Unintentional innocent infringers of UK design rights will be required to repay profits to rights holders, Government says –

Posted August 15th, 2012 in Community designs, enforcement, intellectual property, news by sally

“The Government is to change the law to enable the holders of UK registered designs to recover the profits earned by those who unintentionally innocently infringe on their rights.”

Full story, 14th August 2012


Personal injury referral-fee ban may not work, warns Solicitors Regulation Authority – Daily Telegraph

“A ban on the referral fees blamed for creating a ‘compensation culture’ will be difficult to police and may not even be effective, regulators have warned.”

Full story

Daily Telegraph, 29th July 2012


Government launches consultation on the designs legal framework – Intellectual Property Office

Posted July 25th, 2012 in company law, enforcement, intellectual property, press releases by tracey

“The Government today set out its proposals to enhance the UK designs legal framework to make the system more accessible for businesses.”

Full press release

Intellectual Property Office, 24th July 2012


Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by tracey

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855;  [2012] WLR (D)  186

“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”

WLR Daily, 27th June 2012


Social Media and the Voice of the Child in Hague Convention Cases – Family Law Week

Posted June 22nd, 2012 in child abduction, children, enforcement, internet, news by tracey

“Emma Pinder, Solicitor, of Spring Law considers a Hague Convention case which has attracted extensive attention in Australia and analyses the potential wider impact of the coverage, especially that within social media.”

Full story

Family Law Week, 21st June 2012


Combating corruption in a global business environment – forthcoming HLE panel discussion – Halsbury’s Law Exchange

Posted June 21st, 2012 in bribery, competition, corruption, enforcement, legislation, news by sally

“According to the Ministry of Justice, it was hoped that the Bribery Act 2010 would ‘provide a more effective legal framework to combat bribery in the public or private sectors’ and ‘help tackle the threat that bribery poses to economic progress and development around the world’.”

Full story

Halsbury’s Law Exchange, 20th June 2012


Cookie law disaster should force companies to emulate patent world lobbying, says expert –

Posted June 13th, 2012 in consent, data protection, EC law, enforcement, internet, news, patents, privacy by sally

“UK authorities are beginning tentatively to enforce the cookies law and, after the compliance panic of the past month, companies can now sit back and examine where the fault lies for the development of such a poor, troublesome law.”

Full story, 13th June 2012


Fine dodgers to be charged for enforcement action – Daily Telegraph

Posted May 28th, 2012 in bills, courts, enforcement, fines, news by sally

“Offenders who fail to pay court fines will have to foot the bill for officials to chase them down under plans to be unveiled today.”

Full story

Daily Telegraph, 28th May 2012


Djanogly: Justice supports business – Ministry of Justice

“Justice Minister Jonathan Djanogly met today with business leaders to launch ‘Justice for Business: Supporting Business and Promoting Growth,’ a new paper outlining how the Government’s ambitious reform programme is making the justice system more effective, less costly and better for business.”

Full story

Ministry of Justice, 8th May 2012


Enforcement of post-termination restrictive covenants following Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch) – Hardwicke Chambers

Posted May 1st, 2012 in competition, EC law, enforcement, news, restrictive covenants by sally

“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”

Full story

Hardwicke Chambers, 25th April 2012


Lack of major prosecution under Bribery Act does not mean the new laws are not being enforced, expert warns –

Posted May 1st, 2012 in bribery, corruption, enforcement, news, prosecutions by sally

“Organisations that believe anti-corruption laws introduced in the UK last year are not being enforced are too blasé and risk falling foul of the rules, an expert has said. Meanwhile, managers have claimed that the laws put UK firms at a disadvantage.”

Full story, 30th April 2012


Enforcement of cookie consent rules for analytics not a priority, ICO says –

Posted April 11th, 2012 in consent, data protection, EC law, enforcement, internet, news by sally

“The UK’s data protection watchdog is not likely to take action against the users of data analytics cookies on websites even if they fall foul of new EU rules on cookie consent, it has said.”

Full story, 10th April 2012


Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012


Regulators may not be able to enforce data protection regime outside of EU, ICO says –

Posted March 1st, 2012 in data protection, EC law, enforcement, news by tracey

“Regulators will not be able to hold companies based outside the EU accountable to proposed new data protection laws unless current enforcement mechanisms are changed, the Information Commissioner’s Office (ICO) has said.”

Full story, 29th February 2012


Blight and others v Brewster – WLR Daily

Posted February 10th, 2012 in bankruptcy, debts, enforcement, fraud, law reports, pensions by tracey

Blight and others v Brewster: [2012] EWHC 165 (Ch);  [2012] WLR (D)  26

“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”

WLR Daily, 9th February 2012