Category: enforcement

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.’

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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

Posted August 16th, 2018 in appeals, enforcement, government departments, health, human rights, news, prisons, smoking, Supreme Court by sally

‘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

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by sally

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Time to play by the rules? – New Law Journal

Posted August 1st, 2018 in enforcement, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘John Gould offers some advice on how to strike a balance between clarity & flexibility in recent changes to the solicitors’ rule book.’

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New Law Journal, 27th July 2018

Source: www.newlawjournal.co.uk

Anti-money laundering crackdown should be more focused on most suspicious activity – Law Commission

Posted July 23rd, 2018 in consultations, enforcement, Law Commission, money laundering, press releases by sally

‘Anti-money laundering laws should be streamlined and strengthened to help law enforcement agencies to focus on serious crime, say the Law Commission.’

Full press release

Law Commission, 20th July 2018

Source: www.lawcom.gov.uk

Failure to enforce law means older workers face discrimination – report – The Guardian

Posted July 17th, 2018 in age discrimination, elderly, employment, enforcement, news, reports by sally

‘Government ministers and Britain’s equalities watchdog are failing to save more than a million older workers from discrimination, bias and outdated employment practices, according to a group of MPs. In a highly critical report for the government, the women and equalities committee said the talents of older workers were going to waste because too little was being done to enforce discrimination law.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

Posted July 5th, 2018 in charging orders, civil procedure rules, drafting, enforcement, family courts, jurisdiction, news by sally

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Environment watchdog agrees first enforcement undertaking over odours – Local Government Lawyer

Posted June 28th, 2018 in complaints, enforcement, environmental health, environmental protection, news, waste by sally

‘The Environment Agency has for the first time accepted an enforcement undertaking (EU) for alleged permit breaches relating to odour at an installation.’

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Local Government Lawyer, 26th June 2018

Source: www.localgovernmentlawyer.co.uk

Do I have to pay child maintenance if my child lives abroad? – Family Law

Posted June 22nd, 2018 in children, domicile, enforcement, financial provision, foreign jurisdictions, news by sally

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Prosecution over unauthorised vehicle repair business leads to £120k+ confiscation orders – Local Government Lawyer

Posted May 31st, 2018 in confiscation, costs, enforcement, fines, local government, news, planning by sally

‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by sally

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

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Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer

Posted May 15th, 2018 in costs, enforcement, local government, news, penalties, waste by sally

‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

Posted May 4th, 2018 in divorce, enforcement, financial provision, foreign jurisdictions, judgments, news, service by sally

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com