Breathing a sigh of relief…? – Zenith Chambers

Posted October 30th, 2013 in appeals, civil procedure rules, costs, enforcement, news, practice directions by sally

“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”

Full story (PDF)

Zenith Chambers, 25th October 2013


Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013


Should we have an enforceable right to food? – Professor Geraldine van Bueren Q.C. – UK Human Rights Blog

Posted October 21st, 2013 in enforcement, food, human rights, news, statutory duty by sally

“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”

Full story

UK Human Rights Blog, 18th October 2013


The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

Full story

NearlyLegal, 11th October 2013


Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) 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 (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013


Expecting business to respect human rights without incentives or Sanctions – UK Human Rights Blog

“Cross-government coordination on an issue that affects trade, international development, foreign affairs, business activity and human rights is remarkable, especially at such a difficult economic time. So the UK’s Action Plan on Business and Human Rights, which is the government’s long-awaited strategy for implementing the 2011 UN Guiding Principles on Business and Human Rights, is to be applauded for this achievement. Yet, while the Plan establishes clear expectations that UK companies should respect human rights, there are no effective legal requirements placed on them to do so.”

Full story

UK Human Rights Blog, 4th September 2013


Russian wife awarded £53 million divorce settlement at London’s High Court – Daily Telegraph

Posted August 15th, 2013 in contempt of court, costs, divorce, enforcement, financial provision, news by sally

“A Russian wife has been awarded one of the highest divorce settlements ever made by an English court after a judge ruled that she should receive more than £53 million from her ex-husband.”

Full story

Daily Telegraph, 14th August 2013


Information sharing with new IP crime police unit can help rights holders obtain redress for infringements, says expert –

“The establishment of a dedicated police unit for investigating and prosecuting against individuals involved in intellectual property (IP) crime can help rights holders obtain redress for the infringement of their rights, an expert has said.”

Full story, 2nd August 2013


Bedfordshire Police Constabulary v RU and another – WLR Daily

Bedfordshire Police Constabulary v RU and another [2013] EWHC 2350 (Fam); [2013] WLR (D) 319

“There was no power whereby a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order where the police themselves were not the applicants who had obtained the order. The relevant departments of state should give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.”

WLR Daily, 26th July 2013


New measures to clamp down on legal aid cheats – Ministry of Justice

Posted July 30th, 2013 in assets recovery, enforcement, legal aid, news, proceeds of crime by sally

“New measures launched today will see those criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”

Full story

Ministry of Justice, 30th July 2013


How to make human trafficking a priority for law enforcement agencies – The Guardian

Posted July 11th, 2013 in enforcement, news, police, trafficking in human beings by sally

“In the UK, knife crime and gang crime have been decreasing rapidly. The significant reductions have been achieved largely because of the way police and other investigative agencies manage their intelligence. They’ve prioritised a few key crimes and focused on preventing them.”

Full story

The Guardian, 11th July 2013


Data protection enforcement in UK, France and Germany explained –

Posted July 8th, 2013 in data protection, EC law, enforcement, internet, jurisdiction, news, ombudsmen, privacy by sally

“FOCUS: Companies operating in the European Union must process personal data in line with the EU’s Data Protection Directive. But, like Google in recent years, they find themselves facing very different enforcement regimes in each country.”

Full story, 5th July 2013


ICO considers enforcement action over disclosure of ‘hidden’ personal data in FOI responses –

“The Information Commissioner’s Office (ICO) has warned public sector bodies that they face being fined for breaching data protection laws if they disclose “hidden” personal information in their responses to freedom of information (FOI) requests.”

Full story, 1st July 2013


Government to consult on whether to make imprisonment potential sanction for data protection offences –

Posted June 19th, 2013 in consultations, data protection, enforcement, imprisonment, news by sally

“The Government is to consult on whether to introduce new laws that would make it possible for judges to send individuals to jail for offences under the Data Protection Act (DPA).”

Full story, 19th June 2013


Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013


Private enforcement: the Commission speaks at last – Competition Bulletin from Blackstone Chambers

“The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some important steps to assist claimants in private actions, it is not prepared to bring about the sorts of fundamental changes which would be needed to realise the full potential of private enforcement.”

Full story

Competition Bulletin from Blackstone Chambers, 15th June 2013


CCTV road fines: Tackling traffic or raising money? – BBC News

“A growing number of councils want to use CCTV to catch more drivers breaking traffic laws. They say the move will ease congestion but drivers say they are being unfairly penalised to raise money.”

Full story

BBC News, 12th June 2013


Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian

“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”

Full story

The Guardian, 12th June 2013


Is small print in online contracts enforceable? – BBC News

“With some internet companies’ terms and conditions being longer than Shakespeare’s Hamlet, could it be that ‘unfair’ clauses in agreements are not even worth the paper they are printed on?”

Full story

BBC News, 6th June 2013


Employers forced to repay workers for refusing minimum wage – The Guardian

“Tens of thousands of workers who were denied the minimum wage have received hundreds of pounds in back pay from their employers following tougher enforcement policy by tax inspectors. Over the last year more than 26,000 workers were paid back £4m after action by HM Revenue and Customs, who are responsible for enforcing minimum wage laws.”

Full story

The Guardian, 30th May 2013