‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘All young offenders will face strict bedtimes for the first time, Justice Secretary Chris Grayling has announced.’
BBC News, 28th June 2014
Source: www.bbc.co.uk
Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269
‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘The law criminalising female genital mutilation is to be strengthened so the ban can be enforced against foreign nationals deemed to be “habitually resident” in the UK.’
The Guardian, 4th June 2014
Source: www.guardian.co.uk
Regina v Clayton [2014] EWCA Crim 1030; [2014] WLR (D) 231
‘Where there was information suggesting that an enforcement notice should not have been issued, a prosecution for breach of the notice was not open to challenge as an abuse of process because that would involve a challenge to the validity of the enforcement notice and such a challenge could be mounted only on appeal or by way of judicial review.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)
Supreme Court, 15th May 2014
‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’
BBC News, 17th May 2014
Source: www.bbc.co.uk
‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
‘Millions of pounds in fines and victim compensation cancelled because offenders can no longer be traced.’
Daily Telegraph, 26th April 2014
Source: www.telegraph.co.uk
‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’
WLR Daily, 14th April 2014
Source: www.iclr.co.uk
‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’
Law Commission, 15th April 2014
Source: www.justice.gov.uk/lawcommission
‘Sweeping changes to the way bailiffs can enforce the repayment of debts come into force on Sunday.’
BBC News, 4th April 2014
Source: www.bbc.co.uk
‘Ministers have admitted defeat in their battle against grey squirrels, and will scrap a law to protect their red cousins. Campaigners, and MPs in the North East where the red squirrel can still be found, have expressed their shock at the abandonment of the law requiring people to report grey squirrels on their land so they can be exterminated.’
The Independent, 18th Independent 2014
Source: www.independent.co.uk
‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’
Hardwicke Chambers, 5th March 2014
Source: www.hardwicke.co.uk
‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’
OUT-LAW.com, 7th February 2014
Source: www.out-law.com
‘The Charity Commission is not “fit for purpose” and has persistently failed to tackle abuses of charitable status properly, MPs have said.’
BBC News, 5th February 2014
Source: www.bbc.co.uk
‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’
Barristers’ Hub, 31st January 2014
Source: www.barristershub.co.uk
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