Category: enforcement

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.’

Full story

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.’

Full story

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.’

Full story

Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

New ‘watchdog’ and ‘monitor’ will hold reformed Highways Agency to account, says UK government – OUT-LAW.com

Posted October 30th, 2014 in bills, enforcement, fines, government departments, news, road traffic by sally

‘New bodies which will monitor the performance of the strategic road network and champion the needs of its users will be created as part of plans to hold a reconstituted Highways Agency to account, the UK government has announced.’

Full story

OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Pensions Regulator fines first employers for breaches of automatic enrolment duties – OUT-LAW.com

Posted October 30th, 2014 in employment, enforcement, fines, news, pensions, reports by sally

‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’

Full story

OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Punitive drug law enforcement failing, says Home Office study – The Guardian

Posted October 30th, 2014 in crime, drug abuse, drug offences, enforcement, evidence, health, news, reports by sally

‘There is no evidence that tough enforcement of the drug laws on personal possession leads to lower levels of drug use, according to the government’s first evidence-based study.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

Full story

OUT-LAW.com, 20th October 2014

Source: www.out-law.com

The Latest Guidance On The Enforceability Of Restrictive Covenants – No. 5 Chambers

Posted September 25th, 2014 in competition, contract of employment, enforcement, news, restrictive covenants by sally

‘Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the cases of Merlin Financial Consultants Ltd v Cooper [2014] IRLR 610, QB and Prophet plc v Huggett [2014] EWCA Civ 1013 (CA).’

Full story

No. 5 Chambers, 18th September 2014

Source: www.no5.com

BSB enforcement activity producing better outcomes: time taken to investigate complaints against barristers reducing – Bar Standards Board

Posted September 22nd, 2014 in barristers, complaints, disciplinary procedures, enforcement, news, statistics by sally

‘The latest Annual Report on the performance of the Bar Standards Board (BSB)’s Professional Conduct Committee and Professional Conduct Department has been published today. The report shows that the percentage of cases being concluded or referred to disciplinary action within the agreed service standards increased from 64% in 2012/13 to 77% in 2013/14.’

Full story

Bar Standards Board, 19th September 2014

Source: www.barstandardsboard.org.uk

Ministers to review enforcement of TV licence payment – BBC News

Posted September 9th, 2014 in BBC, bills, crime, enforcement, licensing, media, news by sally

‘Ministers are to review how payment of the TV licence fee is enforced amid concerns about the number of people appearing in court for evasion.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

CPS secures first ever recovery of criminal assets from United Arab Emirates – Crown Prosecution Service

Posted August 21st, 2014 in assets recovery, confiscation, Crown Prosecution Service, enforcement, foreign jurisdictions, news by tracey

‘Following extensive work both in the UK and Dubai, the new CPS Proceeds of Crime Service (CPSPOC) in London, working closely with the recently deployed CPS Asset Recovery Advisor in Dubai, has secured what is believed to be the first ever successful enforcement of a UK confiscation order in the UAE. The UK has recovered over £300,000 from the sale of an apartment in Dubai Marina belonging to a convicted British criminal.’

Full story

Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

High Court upholds recognition of US arbitral award, but delays enforcement to give losing party opportunity to challenge – OUT-LAW.com

Posted August 5th, 2014 in arbitration, enforcement, news by sally

‘The losing party in an arbitration case decided in the US has been prevented from setting aside recognition of the award in England, but can delay enforcement by the winning party until it has had a chance to challenge the award in the US, the High Court in England has said.’

Full story

OUT-LAW.com, 5th August 2014

Source: www.out-law.com

Patel v Mirza – WLR Daily

Posted July 30th, 2014 in appeals, banking, contracts, enforcement, illegality, insider dealing, law reports, news by sally

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th July 2014

Source: www.out-law.com

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘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

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 8th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, tribunals by tracey

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘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

Bedtimes introduced for young offenders – BBC News

Posted June 30th, 2014 in codes of practice, enforcement, news, prisons, young offenders by sally

‘All young offenders will face strict bedtimes for the first time, Justice Secretary Chris Grayling has announced.’

Full story

BBC News, 28th June 2014

Source: www.bbc.co.uk

Sanger and another v Newham London Borough Council – WLR Daily

Posted June 24th, 2014 in enforcement, law reports, local government, planning by sally

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