Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

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Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Review of the Psychoactive Substances Act 2016 – Home Office

‘This review sought to measure changes in outcomes before and after the implementation of the Act, to provide an indication of whether its aims are being achieved.’

Full press release

Home Office, 19th November 2018

Source: www.gov.uk/home-office

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Is it time for the 1980 Hague Convention to be revised? – Family Law

Posted November 7th, 2018 in child abduction, enforcement, news, treaties by sally

‘The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH). There are currently 99 Contracting Parties to the 1980 Hague Convention and it is often lauded as one of, if not the most, successful international family law initiatives.’

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Family Law, 7th November 2018

Source: www.familylaw.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

AI will prompt new contract law, says Supreme Court judge – OUT-LAW.com

‘Contract law will need to be updated, and new civil liability rules considered, to account for the use of artificial intelligence (AI) in financial services, a senior UK judge has said.’

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OUT-LAW.com, 30th October 2018

Source: www.out-law.com

Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law – Courts and Tribunals Judiciary

Posted October 24th, 2018 in Commercial Court, contracts, damages, enforcement, speeches by tracey

‘Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law.’

Full speech

Courts and Tribunals Judiciary, 22nd October 2018

Source: www.judiciary.uk

The rogue landlord’s loopholes: how the law fails renters – The Guardian

Posted October 24th, 2018 in enforcement, housing, landlord & tenant, licensing, local government, news by tracey

‘The legislation designed to catch rogue landlords is vast and very complex. Landlords can be prosecuted under various pieces of law, including the Housing Act (2004), the Protection from Eviction Act (1977), the Health and Safety at Work Act (1974) and Regulatory Reform (Fire Safety) Order (2005). All of that legislation creates a confusing landscape. It can be difficult to work out how it all fits together, and even within individual acts there are loopholes.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

Courts uphold ‘ground breaking’ UK first unexplained wealth order – OUT-LAW.com

‘The High Court has upheld the UK’s first unexplained wealth order (UWO), dismissing a legal challenge to the order obtained by the National Crime Agency (NCA) earlier this year.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

“Prenup, postnup, catnup, dognup, petnup” – why? – Family Law

Posted September 25th, 2018 in enforcement, marriage, news, prenuptial agreements by sally

‘Behind the scenes there are many considerations for couples and their families. With the preparation of the happy joining of lives of two people with marriage, also comes financial considerations going forward.’

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Family Law, 24th September 2018

Source: www.familylaw.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Reforms to improve enforcement of family financial orders fall short – OUT-LAW.com

Posted August 22nd, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘Plans to make it easier for divorcees to enforce financial orders of the courts in England and Wales do not go far enough to address the challenges those divorcees face in obtaining access to offshore assets of high net worth individuals.’

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OUT-LAW.com, 20th August 2018

Source: www.out-law.com

UK’s pensions regulator cracks down on scams with use of new powers – OUT-LAW.com

Posted August 22nd, 2018 in enforcement, fraud, news, pensions, proceeds of crime, valuation by sally

‘The UK’s Pensions Regulator (TPR) has begun to use a number of enforcement powers for the first time in efforts to deal with issues such as pension scams, scheme valuations and automatic enrolment.’

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OUT-LAW.com, 21st August 2018

Source: www.out-law.com

Government agrees to improve financial order enforcement – Family Law

Posted August 21st, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘The Law Commission has announced that the Government has agreed to help improve financial orders enforcement following its report published in 2016. The Government has committed to bringing forward non-legislative measures in order to reform and improve the enforcement system, as well as taking time to consider further reform in the future.’

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Family Law, 17th August 2018

Source: www.familylaw.co.uk

Tougher regulation of bailiffs urged as debt levels rise – BBC News

Posted August 21st, 2018 in bailiffs, citizens advice bureaux, debts, enforcement, local government, news by sally

‘A charity has called for tougher regulation of bailiffs, as it calculated that households have fallen behind on essential bills by £18.9bn.’

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BBC News, 21st August 2018

Source: www.bbc.co.uk

Case Comment: R (Black) v Secretary of State for Justice [2017] UKSC 81 – UKSC Blog

‘Is the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006?’

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UKSC Blog, 15th August 2018

Source: ukscblog.com

Court of Appeal awards security for costs against Russian national – OUT-LAW.com

Posted August 16th, 2018 in appeals, costs, enforcement, news by sally

‘The Court of Appeal has ordered a Russian national to provide full security for the legal costs of a former business partner.’

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OUT-LAW.com, 15th August 2018

Source: www.out-law.com

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’

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Hailsham Chambers, 18th July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

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Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk