enforcement – Page 15 – Current Awareness

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

4 New Square, 19th November 2018

Source: www.4newsquare.com

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

The Guardian, 29th November 2018

Source: www.theguardian.com

“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog

Posted November 28th, 2018 in dispute resolution, enforcement, fraud, news, stay of execution by tracey

‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’

Practical Law: Construction Blog, 28th November 2018

Source: constructionblog.practicallaw.com

BSB gains power to intervene in barristers’ practices – Legal Futures

Posted November 23rd, 2018 in barristers, disciplinary procedures, documents, enforcement, news, regulations by sally

‘The Bar Standards Board (BSB) now has the power to intervene in individual barristers’ practices among a host of other new regulatory tools that have been approved by Parliament.’

Legal Futures, 23rd November 2018

Source: www.legalfutures.co.uk

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.’

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Review of the Psychoactive Substances Act 2016 – Home Office

Posted November 21st, 2018 in drug abuse, drug offences, drug trafficking, enforcement, health, internet, legislation, press releases by tracey

‘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

Posted November 13th, 2018 in confidentiality, data protection, disclosure, enforcement, government departments, health, human rights, immigration, news, privacy by sally

‘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.’

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.’

Family Law, 7th November 2018

Source: www.familylaw.co.uk

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

Posted November 5th, 2018 in appeals, costs, county courts, covenants, enforcement, jurisdiction, landlord & tenant, leases, news, rent, tribunals by sally

‘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.’

Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

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

Posted November 1st, 2018 in artificial intelligence, contracts, enforcement, international law, judges, jurisdiction, news by sally

‘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.’

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.’

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.’

The Guardian, 23rd October 2018

Source: www.theguardian.com

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

Posted October 17th, 2018 in assets recovery, burden of proof, disclosure, enforcement, fraud, national crime agency, news, proceeds of crime, reporting restrictions, Serious Fraud Office, unexplained wealth orders by sally

‘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.’

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.’

Family Law, 24th September 2018

Source: www.familylaw.co.uk

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

Posted September 7th, 2018 in children, consent orders, enforcement, financial provision, islamic law, loans, marriage, mortgages, news, periodical payments, trusts by tracey

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

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

Posted August 29th, 2018 in care orders, child abduction, EC law, enforcement, foreign jurisdictions, judgments, news by sally

‘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.’

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.’

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.’

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.’

Family Law, 17th August 2018

Source: www.familylaw.co.uk

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