Category: enforcement

Stress-testing Schedule 3: cross-border placements and the Court of Protection

Posted June 10th, 2015 in children, Court of Protection, enforcement, foreign jurisdictions, jurisdiction, mental health, news by sally

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

Tories’ legislation to protect zero-hours workers called ‘toothless’ by lawyers – The Guardian

Posted May 27th, 2015 in contract of employment, employment, enforcement, news by sally

‘Legislation that the prime minister, David Cameron, boasted will protect workers on zero-hours contracts has been described as toothless by employment lawyers.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Posted May 8th, 2015 in civil procedure rules, costs, council tax, enforcement, law reports, local government, news by tracey

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Posted April 20th, 2015 in appeals, conflict of laws, EC law, enforcement, jurisdiction, law reports, time limits by sally

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

Dog walkers who don’t clean up their pet’s mess to face £100 fine – The Independent

Posted April 13th, 2015 in complaints, dogs, enforcement, environmental health, fines, local government, news, prosecutions, statistics by sally

‘Under a new law designed to tackle Britain’s dog poo problem, owners caught without a poop scooping bag will be fined £100.’

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The Independent, 12th April 2015

Source: www.independent.co.uk

Tackling trafficking: beyond criminalisation – Halsbury’s Law Exchange

Posted April 1st, 2015 in criminal justice, enforcement, news, trafficking in human beings, victims by sally

‘The Modern Slavery Act 2015 has rightly drawn attention to the issue of trafficking, its role in the modern world and its prevalence in the United Kingdom. It ties together previously piecemeal legislation and creates specific criminal offences of slavery and human trafficking. Yet, to make a practical difference the legislation must go beyond criminalisation. Does the Modern Slavery Act do enough?’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

Top 10 Planning and Environmental Cases of 2014-2015 – Thirty Nine Essex Street

Posted March 19th, 2015 in appeals, enforcement, environmental protection, housing, news, planning by sally

‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Enforcing family financial orders – Law Commission

Posted March 19th, 2015 in consultations, enforcement, financial provision, Law Commission, news by sally

‘Every year, thousands of separating couples apply to the courts for financial orders, either because they cannot agree or to turn an agreement into an order so as to make it enforceable. The courts can order a person to make financial provision for a former spouse or civil partner. Sometimes the courts also make orders for the benefit of the children. The orders are made to help make sure that the needs of both partners and their children are met and, where possible, to maintain their living standards.’

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Law Commission, 11th March 2015

Source: www.lawcommission.justice.gov.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Policing abuse in the online world – where does the law currently stand? – Halsbury’s Law Exchange

Posted March 9th, 2015 in enforcement, freedom of expression, internet, investigatory powers, malicious communications, news, police, racism by tracey

‘The prevalence of racist and misogynistic abuse online has become firmly established as a matter that now warrants considerable political attention. As legislators pick between the differences in “real world” and online forms of abuse, as well as judicial borders of the internet, Rhory Robertson, partner at Collyer Bristow LLP, outlines the many questions that must be addressed in any new lawmaking.’

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Halsbury’s Law Exchange, 6th March 2015

Source: www.halsburyslawexchange.co.uk

Nuptial Agreements: The Search for Intention – Family Law Week

Posted March 9th, 2015 in appeals, disclosure, divorce, enforcement, financial dispute resolution, financial provision, legal services, news, prenuptial agreements, Supreme Court by tracey

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

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Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

International Children Law Update: February 2015 – Family Law Week

Posted February 27th, 2015 in child abduction, costs, enforcement, foreign jurisdictions, news, wardship by tracey

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 23rd February 2015

Source: www.familylawweek.co.uk

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

Posted February 20th, 2015 in appeals, care orders, children, disclosure, DNA, enforcement, human rights, law reports, paternity, police, privacy by sally

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Britain open to terrorist drone attacks due to lax aviation rules, experts fear – The Independent

Posted January 26th, 2015 in aircraft, bills, disclosure, enforcement, freedom of information, news, terrorism by sally

‘Terrorists could use swarms of drones to bring down passenger aircraft, disperse chemical or biological weapons and target a nuclear power plants in Britain because of our lax aviation rules.’

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The Independent, 23rd January 2015

Source: www.independent.co.uk

Prisoners’ mobile phones to be cut off under new law – Daily Telegraph

Posted January 5th, 2015 in bills, confiscation, enforcement, news, prisons, statistics, telecommunications by sally

‘Mobile phone companies will be forced to cut off signals to handsets being used by inmates in prisons, under planned new laws.’

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Daily Telegraph, 4th January 2015

Source: www.telegraph.co.uk

Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

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Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk