‘The Emergency Coronavirus Bill will grant police, immigration officers and public health officials new powers to detain “potentially infectious persons” and put them in isolation facilities.’
Each Other, 20th March 2020
Source: eachother.org.uk
‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’
Littleton Chambers, 28th February 2020
Source: www.littletonchambers.com
‘An employer acted reasonably in relying on legal advice that the restrictive covenants on a new employee were unlikely to be enforceable, even though they proved to be, the Court of Appeal has ruled.’
Legal Futures, 2nd March 2020
Source: www.legalfutures.co.uk
‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
‘The Conservative MP tasked with scrutinising the BBC has said it is hard to justify enforcing the licence fee through the criminal courts, suggesting the corporation is losing support in its battle to prevent the decriminalisation of the £154.50 charge.’
The Guardian, 15th February 2020
Source: www.theguardian.com
‘Twitter will begin to label and in some cases remove doctored or manipulated photos, audio and videos that are designed to mislead people.’
The Guardian, 5th February 2020
Source: www.theguardian.com
‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’
4 New Square, 27th January 2020
Source: www.4newsquare.com
‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’
Becket Chambers, 10th December 2019
Source: becket-chambers.co.uk
‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’
New Law Journal, 27th November 2019
Source: www.newlawjournal.co.uk
‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’
OUP Blog, 25th November 2019
Source: blog.oup.com
‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’
Practical Law: Construction Blog, 19th November 2019
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’
Local Government Lawyer, 4th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’
No. 5 Chambers, 7th October 2019
Source: www.no5.com
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’
Blackstone Chambers, 22nd October 2019
Source: www.blackstonechambers.com
‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
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