MoJ to use private debt collectors to help recover unpaid court fines – The Guardian

Posted February 1st, 2012 in courts, debts, enforcement, fines, news by sally

“Private debt collectors have been called in to help collect £420m in unpaid court fines on behalf of the Ministry of Justice under pilot schemes that may be rolled out across the country.”

Full story

The Guardian, 31st January 2012

Source: www.guardian.co.uk

New enforcement powers for Natural England now in force – OUT-LAW.com

Posted January 9th, 2012 in enforcement, environmental protection, news by tracey

“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”

Full story

OUT-LAW.com, 6th January 2012

Source: www.out-law.com

Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by tracey

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Ban on referral fees is looming but enforcement could prove tricky – The Guardian

Posted December 6th, 2011 in bills, enforcement, fees, insurance, news, personal injuries by sally

“There is a crucial get-out clause that means referral fees in personal injury claims may continue to be paid in disguise.”

Full story

The Guardian, 6th December 2011

Source: www.guardian.co.uk

New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others – WLR Daily

Posted August 15th, 2011 in enforcement, foreign jurisdictions, insolvency, law reports by sally

New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others [2011] EWCA Civ 971; [2011] WLR (D) 274

“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”

WLR Daily, 9th August 2011

Source: www.iclr.co.uk

Government plans ‘tougher approach to organised crime’ – The Independent

“The Government today promised a ‘much tougher approach to organised crime’ as it outlined a new strategy to tackle drug gangs and fraudsters.”

Full story

The Independent, 28th July 2011

Source: www.independent.co.uk

Masri v Consolidated Contractors International Company SAL and others – WLR daily

Posted July 28th, 2011 in appeals, contempt of court, enforcement, law reports by tracey

Masri v Consolidated Contractors International Company SAL and others [2011] EWCA Civ 898;  [2011] WLR (D)  258

“A company found in contempt of court could not appeal the findings of contempt as of right but required the permission of the judge or the Court of Appeal.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Authorities failing to enforce law aimed at tackling sex with trafficked women – The Guardian

“The failure of police and prosecutors to enforce a law that criminalises men who pay for sex with trafficked women is jeopardising the attempt to tackle human trafficking into Britain.”

Full story

The Guardian, 19th July 2011

Source: www.guardian.co.uk

NML Capital Ltd v Republic of Argentina – WLR Daily

NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220

“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others – WLR Daily

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others [2011] EWCA Civ 752;  [2011] WLR (D)  213

“An injunction obtained in representative proceedings was binding on all persons represented in the claim, but a judge was entitled, in the exercise of his discretion, to refuse to frame the order in terms which would make it enforceable by or against persons who were not parties to the claim.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

Challenge to ban on sex parties in London mansion fails – BBC News

Posted April 20th, 2011 in enforcement, injunctions, news by sally

“A man has failed in his bid to overturn a ban on holding events including sex parties at his London mansion.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Posted March 21st, 2011 in declaratory judgment, enforcement, law reports, planning, rights of way by sally

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foreign drivers ‘will escape punishment for UK offences’ – Daily Telegraph

Posted March 4th, 2011 in EC law, enforcement, news, road traffic offences by sally

“Foreign drivers will be able to drink and drive, break the speed limit, jump red lights and escape without punishment because the Government has not signed up to an EU crackdown, it was claimed.”

Full story

Daily Telegraph, 4th March 2011

Source: www.telegraph.co.uk

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Posted November 5th, 2010 in arbitration, enforcement, jurisdiction, law reports, Pakistan by sally

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Courts launch crackdown on fine dodgers – Ministry of Justice

Posted November 2nd, 2010 in enforcement, fines, news by sally

“People who try to avoid paying court fines across England and Wales will be targeted in a month-long campaign launched by Her Majesty’s Courts Service (HMCS) today.”

Full story

Ministry of Justice, 1st November 2010

Source: www.justice.gov.uk

Bolsover District Council and another v Ashfield Nominees Ltd and others – WLR Daily

Posted October 25th, 2010 in council tax, enforcement, insolvency, law reports, limitations by sally

Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129; [2010] WLR (D) 263

“A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of s 9 of the Limitation Act 1980.”

WLR Daily, 22nd October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Posted July 2nd, 2010 in appeals, EC law, enforcement, law reports, legislation, video recordings by sally

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

Posted December 17th, 2009 in arbitration, enforcement, law reports, limitations by sally

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.