FCA signals softening of ‘name and shame’ proposals as enforcement approach evolves – OUT-LAW.com

Posted October 1st, 2024 in consultations, enforcement, financial regulation, news by sally

‘The Financial Conduct Authority’s (FCA) approach to regulatory enforcement in UK financial services is evolving, as it aims to become more data and technology driven and focus on faster investigations, greater transparency and closer collaboration with other regulators and stakeholders.’

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OUT-LAW.com, 30th September 2024

Source: www.pinsentmasons.com

DMCC Act overhauls UK consumer law enforcement and expands consumer rights – OUT-LAW.com

Posted September 17th, 2024 in competition, consumer protection, enforcement, news, ombudsmen by sally

‘Consumer protection laws, and particularly the Competition and Markets Authority’s (CMA) enforcement powers, have been substantially strengthened by landmark new UK legislation which elevates directly enforceable consumer protection rules to the same status as competition law.’

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OUT-LAW.com, 16th September 2024

Source: www.pinsentmasons.com

Planned water law reform ‘risks delaying environmental action’ – OUT-LAW.com

‘Proposed new legislation described by government as delivering a “significant increase in enforcement powers” against water companies, could delay rather than speed up industry action to address environmental concerns because of the broad way it has been drafted, water industry experts have warned.’

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OUT-LAW.com, 6th September 2024

Source: www.pinsentmasons.com

Waste company pays £100k to Nature Recovery Project after fire at site – Local Government Lawyer

Posted September 4th, 2024 in enforcement, environmental protection, fire, local government, news, pollution, waste by sally

‘A West Midlands waste operator has paid £100,000 to a local wildlife project as an Enforcement Undertaking following a fire at one of its sites.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

Firms fined thousands for employing illegal staff – BBC News

Posted September 3rd, 2024 in employment, enforcement, fines, immigration, news, penalties by sally

‘Three Essex companies have been fined thousands of pounds by the Home Office for employing illegal workers.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

UK crypto firm fine highlights regulatory agreement breach perils, say experts – OUT-LAW.com

Posted August 13th, 2024 in cryptocurrencies, enforcement, fines, news by sally

‘The potential consequences of breaching voluntary requirements agreed with the UK’s Financial Conduct Authority (FCA) have been brought into sharp focus with recent enforcement action taken by the regulator, experts in financial regulation have said.’

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OUT-LAW.com, 12th August 2024

Source: www.pinsentmasons.com

Stronger competition penalties prompt CMA policy review – OUT-LAW.com

Posted July 23rd, 2024 in competition, consultations, enforcement, fines, news, ombudsmen, penalties by sally

‘The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).’

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OUT-LAW.com, 22nd July 2024

Source: www.pinsentmasons.com

UK ratification of cross-border enforcement treaty gives businesses greater certainty – OUT-LAW.com

Posted July 8th, 2024 in dispute resolution, enforcement, foreign jurisdictions, judgments, news by sally

‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’

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OUT-LAW.com, 4th July 2024

Source: www.pinsentmasons.com

More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

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Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

Arbitration as an instrument of fraud: Contax v KFH – Gatehouse Chambers

Posted June 13th, 2024 in arbitration, chambers articles, enforcement, fraud, news by sally

‘Earlier this year, Butcher J handed down the judgment of the Commercial Court in the extraordinary case of Contax Partners Inc BVI v Kuwait Finance House and Ors [2024] EWHC 436 (Comm), ultimately putting to bed an attempt by fraudsters to purloin over £70 million from a banking group associated with the Kuwaiti sovereign wealth fund. What made this attempted fraud particularly noteworthy was that its central mechanism was an abuse of the processes of the court used to enforce arbitral awards.’

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Gatehouse Chambers, 7th May 2024

Source: gatehouselaw.co.uk

High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin) – Francis Taylor Building

‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’

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Francis Taylor Building, 24th May 2024

Source: www.ftbchambers.co.uk

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

FCA’s plan to “name and shame” firms should be urgently reconsidered – Kingsley Napley Criminal Law Blog

Posted May 9th, 2024 in consultations, enforcement, financial regulation, news by sally

‘The FCA’s recent consultation (CP24/2) on changes to its enforcement process has provoked what appears to be unanimous opposition from government and industry bodies. Of particular concern is the proposal in consultation paper (“the CP”) that the FCA will publish information about its enforcement investigations, including the identity of the subject of the investigation, where it assesses it to be in the public interest to do so. Due to legal considerations which apply to the publication of information relating to individuals, the FCA’s proposals extend only to firms. However, the potential harm caused not only to those firms, but also their customers, their employees, the market – and UK plc – may be profound.’

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Kingsley Napley Criminal Law Blog, 7th May 2024

Source: www.kingsleynapley.co.uk

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers

Posted April 25th, 2024 in construction industry, enforcement, jurisdiction, news by sally

‘There had been a number of adjudications between the parties:

– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’

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39 Essex Chambers, 18th April 2024

Source: www.39essex.com

Cost liability determined following partially successful application for a final third party debt order (Chedington Events Ltd v Brake and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’

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Gatehouse Chambers, 18th March 2024

Source: gatehouselaw.co.uk

The Bar Standards Board publishes the Fieldfisher review of its enforcement system – Bar Standards Board

‘The leading law firm Fieldfisher LLP was appointed in 2023 to carry out an end-to-end review of the Bar Standards Board’s (BSB) enforcement system, encompassing all the BSB’s systems, processes and policies. After agreement in principle by the Board, the full report is today being published.’

Full report

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Bar Standards Board, 12th April 2024

Source: www.barstandardsboard.org.uk

Report calls for major overhaul of BSB enforcement processes – Legal Futures

‘The Bar Standards Board (BSB) has the right approach to dealing with complaints about barristers’ conduct but there are “a large number of areas” for improvement, a major review has concluded.’

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Legal Futures, 12th April 2024

Source: www.legalfutures.co.uk