Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Category: enforcement
Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog
‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’
Practical Law: Construction Blog, 24th November 2021
Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog
‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’
UKSC Blog, 16th November 2021
Source: ukscblog.com
Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer
‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com
‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’
OUT-LAW.com, 2nd November 2021
Source: www.pinsentmasons.com
Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog
‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’
Practical Law: Construction Blog, 7th October 2021
In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog
‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’
EIN Blog, 15th September 2021
Source: www.ein.org.uk
Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer
‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’
Local Government Lawyer, 8th July 2021
Source: www.localgovernmentlawyer.co.uk
Managing new enforcement powers for councils under the Traffic management Act 2004 – Local Government Lawyer
‘Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
Councils issue £1m in penalties against businesses for breach of Covid restrictions – Local Government Lawyer
‘Local authorities have issued 1,201 penalties to businesses for violating Covid business restrictions, to a value of £1,076,820, research has revealed.’
Local Government Lawyer, 21st June 2021
Source: www.localgovernmentlawyer.co.uk
Workers watchdog launched to clamp down on abuse – BBC News
‘The government has announced the creation of a new workers’ watchdog to take over protecting the rights of UK workers.’
BBC News, 8th June 2021
Source: www.bbc.co.uk
Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week
‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’
Family Law Week, 19th May 2021
Source: www.familylawweek.co.uk
No overlap between substance and jurisdictional issues – Local Government Lawyer
‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’
Local Government Lawyer, 23rd April 2021
Source: www.localgovernmentlawyer.co.uk
Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent
‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’
The Independent, 15th March 2021
Source: www.independent.co.uk
The UK’s new medicines and medical devices regime – next steps – Mills & Reeve
‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’
Mills & Reeve, 5th March 2021
Source: www.mills-reeve.com
Stalking protection orders: Police ‘not using’ new powers to protect victims – BBC News
‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’
BBC News, 10th March 2021
Source: www.bbc.co.uk
Judge refuses to grant solicitor injunction after “grave robber” claims – Legal Futures
‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’
Legal Futures, 9th March 2021
Source: www.legalfutures.co.uk
The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers
‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:
“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’
39 Essex Chambers, 24th February 2021
Source: www.39essex.com
UK firms given six months’ grace on gender pay gap reporting – The Guardian
‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian
‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’
The Guardian, 21st February 2021
Source: www.theguardian.com
