QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

On account payment wasn’t exercising an adjudicator’s lien – Practical Law: Construction Blog

Posted March 17th, 2023 in construction industry, dispute resolution, enforcement, injunctions, news by tracey

‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.

Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’

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Practical Law: Construction Blog, 15th March 2023

Source: constructionblog.practicallaw.com

UK passengers owed millions by airlines in unpaid refunds and expenses – The Guardian

‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’

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The Guardian, 17th March 2023

Source: www.theguardian.com

Royal Mail referred to Ofcom over late letter deliveries

Posted March 17th, 2023 in enforcement, news, ombudsmen, postal service by tracey

‘Royal Mail is falling down on its letter delivery obligations, a group of MPs has said.’

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BBC News, 17th March 2023

Source: www.bbc.co.uk

Conversion therapy ban will be hard to police, says victim – BBC News

‘A man subjected to electric shock aversion therapy in the 1970s to stop him being gay has welcomed plans to ban conversion therapy.’

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BBC News, 5th March 2023

Source: www.bbc.co.uk

Parent and group company guarantees, dormant companies and adjudication enforcement – Practical Law: Construction Blog

Posted March 2nd, 2023 in dispute resolution, enforcement, guarantees, news, stay of execution by tracey

‘Can a dormant company enforce an adjudicator’s decision in its favour?.’

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Practical Law: Construction Blog , 1st March 2023

Source: constructionblog.practicallaw.com

Sudlows v Global Switch part deux: a significant judgment or one that turns on its facts? – Practical Law: Construction Blog

Posted February 6th, 2023 in construction industry, dispute resolution, enforcement, news by tracey

‘Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving, and I’m not sure we’ve had two parties provide such rich blog pickings since. However, I think there might be a favourite to take this most coveted of crowns in the form of the disputes between Sudlows Ltd (the contractor) and Global Switch Estates 1 Ltd (the employer). Although we are only on the second reported TCC enforcement judgment (some of you may recall I wrote about the last one in January 2021), they have had six adjudications and, given that it is clear from the latest judgment handed-down by Waksman J in December 2022 that the parties are still some £16.5 million apart, I suspect we may see more of them in the future.’

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Practical Law: Construction Blog, 1st February 2023

Source: constructionblog.practicallaw.com

Unravelling a mental health moratorium – Nearly Legal

Posted February 2nd, 2023 in debts, enforcement, mental health, mortgages, news, repossession by sally

Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.

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Nearly Legal, 1st February 2023

Source: nearlylegal.co.uk

BSB to commission independent review of enforcement processes – Legal Futures

‘The Bar Standards Board (BSB) is to commission an “independent end-to-end” review of its enforcement processes in a bid to improve its much-criticised performance.’

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Legal Futures, 27th January 2023

Source: www.legalfutures.co.uk

SRA can enforce costs order against solicitor struck off in 2010 – Legal Futures

‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 6th January 2023

Source: www.legalfutures.co.uk

SRA to step up action over non-compliance with transparency rules – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to take a “more robust approach” to enforcing its transparency rules after its latest work indicated widespread non-compliance.’

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Legal Futures, 20th December 2022

Source: www.legalfutures.co.uk

MPs back new sanctions against parents failing to meet child support obligations – The Independent

Posted December 9th, 2022 in bills, children, enforcement, families, financial provision, news by michael

‘Parents who fail to pay child maintenance could face swifter punishments under plans backed by MPs.’

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The Independent, 9th December 2022

Source: www.independent.co.uk

Bar regulator faces formal LSB action over performance crisis – Legal Futures

‘The Legal Services Board (LSB) has begun talking about taking formal action against the Bar Standards Board (BSB) over shortcomings in its performance, which it has emerged include how it has dealt with the Post Office scandal.’

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Legal Futures, 7th December 2022

Source: www.legalfutures.co.uk

Nine in ten councils report backlog in planning enforcement cases amid 43% drop in spending on planning as a whole – Local Government Lawyer

Posted November 29th, 2022 in delay, enforcement, local government, news, planning, reports, statistics by sally

‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog

‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’

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Practical Law: Construction Blog, 11th November 2022

Source: constructionblog.practicallaw.com

New reforms to recover millions more from the proceeds of crime – Law Commission

‘The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities.’

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Law Commission, 9th November 2022

Source: www.lawcom.gov.uk

Commission urges reform of ‘ineffective’ confiscation regime – Law Society’s Gazette

‘Codification of legal decisions reached in more than 500 cases brought under the Proceeds of Crime Act 2002 is among the proposals of a call for reform of an “ineffective” confiscation regime published today.’

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Law Society's Gazette, 9th November 2022

Source: www.lawgazette.co.uk

Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms – Local Government Lawyer

Posted August 10th, 2022 in appeals, enforcement, local government, news, Wales by sally

‘The Welsh Language Tribunal has dismissed Swansea Council’s appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court upholds ruling that $3m CFA is unforceable – Legal Futures

Posted August 2nd, 2022 in agreements, enforcement, fees, law firms, news, repayment by tracey

‘The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement (CFA) has to repay the money.’

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Legal Futures, 2nd August 2022

Source: www.legalfutures.co.uk

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

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Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com