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


MoJ to use private debt collectors to help recover unpaid court fines – The Guardian

Posted February 1st, 2012 in courts, debts, enforcement, fines, news by sally

“Private debt collectors have been called in to help collect £420m in unpaid court fines on behalf of the Ministry of Justice under pilot schemes that may be rolled out across the country.”

Full story

The Guardian, 31st January 2012


New enforcement powers for Natural England now in force –

Posted January 9th, 2012 in enforcement, environmental protection, news by tracey

“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”

Full story, 6th January 2012


Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by tracey

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011


Ban on referral fees is looming but enforcement could prove tricky – The Guardian

Posted December 6th, 2011 in bills, enforcement, fees, insurance, news, personal injuries by sally

“There is a crucial get-out clause that means referral fees in personal injury claims may continue to be paid in disguise.”

Full story

The Guardian, 6th December 2011


New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others – WLR Daily

Posted August 15th, 2011 in enforcement, foreign jurisdictions, insolvency, law reports by sally

New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others [2011] EWCA Civ 971; [2011] WLR (D) 274

“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”

WLR Daily, 9th August 2011


Government plans ‘tougher approach to organised crime’ – The Independent

“The Government today promised a ‘much tougher approach to organised crime’ as it outlined a new strategy to tackle drug gangs and fraudsters.”

Full story

The Independent, 28th July 2011


Masri v Consolidated Contractors International Company SAL and others – WLR daily

Posted July 28th, 2011 in appeals, contempt of court, enforcement, law reports by tracey

Masri v Consolidated Contractors International Company SAL and others [2011] EWCA Civ 898;  [2011] WLR (D)  258

“A company found in contempt of court could not appeal the findings of contempt as of right but required the permission of the judge or the Court of Appeal.”

WLR Daily, 27th July 2011