‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’
Local Government Lawyer, 16th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Sports bodies and owners of broadcast rights for sports events should invest in monitoring for illegal streaming and consider the options they have for enforcing their rights against infringers in the context of their commercial objectives, according to experts in dispute resolution and brand protection in the sports sector.’
OUT-LAW.com, 2nd June 2023
Source: www.pinsentmasons.com
‘A High Court judge has ruled that a s.106 obligation to transfer land to a council for a nominal sum of £1 where affordable housing had not been delivered by a specified date was no longer enforceable. Barristers at Francis Taylor Building explain why.’
Local Government lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
‘Drivers risk unfair fines for using most yellow box junctions which councils want enforcement powers over, according to a new report. Problems with the boxes include poor visibility and being too large, research commissioned by the RAC found.’
The Independent, 3rd May 2023
Source: www.independent.co.uk
‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’
Gatehouse Chambers, 16th March 2023
Source: gatehouselaw.co.uk
‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.
Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’
Practical Law: Construction Blog, 15th March 2023
‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’
The Guardian, 17th March 2023
Source: www.theguardian.com
‘Royal Mail is falling down on its letter delivery obligations, a group of MPs has said.’
BBC News, 17th March 2023
Source: www.bbc.co.uk
‘A man subjected to electric shock aversion therapy in the 1970s to stop him being gay has welcomed plans to ban conversion therapy.’
BBC News, 5th March 2023
Source: www.bbc.co.uk
‘Can a dormant company enforce an adjudicator’s decision in its favour?.’
Practical Law: Construction Blog , 1st March 2023
‘Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving, and I’m not sure we’ve had two parties provide such rich blog pickings since. However, I think there might be a favourite to take this most coveted of crowns in the form of the disputes between Sudlows Ltd (the contractor) and Global Switch Estates 1 Ltd (the employer). Although we are only on the second reported TCC enforcement judgment (some of you may recall I wrote about the last one in January 2021), they have had six adjudications and, given that it is clear from the latest judgment handed-down by Waksman J in December 2022 that the parties are still some £16.5 million apart, I suspect we may see more of them in the future.’
Practical Law: Construction Blog, 1st February 2023
Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.
Nearly Legal, 1st February 2023
Source: nearlylegal.co.uk
‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’
Legal Futures, 6th January 2023
Source: www.legalfutures.co.uk
‘The Solicitors Regulation Authority (SRA) is to take a “more robust approach” to enforcing its transparency rules after its latest work indicated widespread non-compliance.’
Legal Futures, 20th December 2022
Source: www.legalfutures.co.uk
‘Parents who fail to pay child maintenance could face swifter punishments under plans backed by MPs.’
The Independent, 9th December 2022
Source: www.independent.co.uk
‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’
Local Government Lawyer, 28th November 2022
Source: www.localgovernmentlawyer.co.uk
‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’
Practical Law: Construction Blog, 11th November 2022
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