Category: enforcement

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

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UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Burns v Financial Conduct Authority [2017] EWCA Civ 214: a sign of things to come? – 4 New Square

Posted February 2nd, 2018 in company directors, costs, enforcement, financial regulation, news by sally

‘Directors’ duties, procedural fairness and issue based costs; the Court of Appeal decision sheds light on several aspects of financial regulatory enforcement action.’

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4 New Square, 15th January 2018

Source: www.4newsquare.com

NHS told to stop handing over patient data to Home Office for immigration enforcement – The Independent

Posted February 1st, 2018 in data protection, enforcement, health, immigration, news, privacy by tracey

‘Health service officials have been reprimanded for putting the health of vulnerable migrants, and the wider public, at risk and told to stop handing over confidential information to immigration officials immediately.’

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The Independent, 31st January 2018

Source: www.independent.co.uk

High Court admits people have been wrongly jailed for not paying council tax – The Independent

Posted January 18th, 2018 in appeals, council tax, enforcement, imprisonment, miscarriage of justice, news, sentencing by tracey

‘The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year – but it refused to accept this constituted “systematic failings” by the courts.’

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The Independent, 17th January 2018

Source: www.independent.co.uk

Rochdale Council drops town centre swearing ban – BBC News

Posted December 19th, 2017 in anti-social behaviour, enforcement, local government, news, obscenity, public spaces protection orders by sally

‘A plan to ban swearing in a town centre has been scrapped after police said it was “unenforceable”.’

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BBC News, 19th December 2017

Source: www.bbc.co.uk

UK regulator scrutinises the way ISPs manage network traffic – OUT-LAW.com

Posted December 11th, 2017 in EC law, enforcement, internet, news by sally

‘The UK’s telecoms regulator has opened a new “enforcement programme” to formally monitor the way in which internet service providers (ISPs) manage the flow of data over their networks.’

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OUT-LAW.com, 11th December 2017

Source: www.out-law.com

Environmental Law News Update – Six Pump Court

Posted December 8th, 2017 in agriculture, consultations, enforcement, environmental protection, news, planning by sally

‘In this latest Environmental Law News Update Christopher Badger and Charles Morgan consider the Environment Agency’s consultation on a new Enforcement and Sanctions Policy, an inquiry into Green Finance by the Environmental Audit Committee and new farming rules for water.’

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Six Pump Court, 4th December 2017

Source: www.6pumpcourt.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

Posted October 30th, 2017 in budgets, enforcement, freedom of information, housing, landlord & tenant, licensing, local government, news, prosecutions, statistics by sally

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Signature of St Albans (Property) Guernsey Ltd v Wragg [2017] EWHC 2352 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in enforcement, injunctions, news, restrictive covenants by sally

‘The Court determined that restrictive covenants created by two conveyances dating back to 1910 continued to affect the Claimant’s property and were in principle enforceable by injunction by any or all of the Defendants against the Claimant.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

One in five stopped by immigration enforcement is a UK citizen, figures show – The Guardian

Posted October 9th, 2017 in enforcement, freedom of information, government departments, immigration, news, race discrimination, statistics by sally

‘One in five people stopped by immigration enforcement teams in Britain’s biggest cities is a UK national, according to newly revealed figures that critics say cast doubt on official claims that such stops are “intelligence-led”.’

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The Guardian, 8th October 2017

Source: www.theguardian.com

“Ingenious arguments” fail to topple “smash and grab” award – Practical Law: Construction Blog

Posted October 6th, 2017 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’

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Practical Law: Construction Blog, 3rd October 2017

Source: constructionblog.practicallaw.com

Ryanair law breach leaves UK regulator CAA ‘furious’ – BBC News

Posted September 28th, 2017 in airlines, consumer protection, enforcement, news by sally

‘Ryanair has been threatened with legal action for “persistently misleading” passengers about their rights following thousands of flight cancellations.’

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BBC News, 28th September 2017

Source: www.bbc.co.uk

Couple who disguised house as a garage told to tear it down – Daily Telegraph

Posted September 19th, 2017 in enforcement, news, planning by tracey

‘A couple who disguised a house as a garage and lived in it for four years have been ordered to tear it down.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

Woman deceived by police spy refuses to pay Met legal bill – The Guardian

Posted August 29th, 2017 in costs, enforcement, London, news, police by tracey

‘An environmental campaigner who was deceived into forming a long-term intimate relationship with a police spy is refusing to pay Scotland Yard a £7,000 legal bill incurred during her quest for the truth.’

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The Guardian, 28th August 2017

Source: www.theguardian.com

Taxi laws need updating to tackle child sexual abuse, say councils – The Guardian

Posted August 25th, 2017 in children, enforcement, legislation, licensing, local government, news, sexual offences, standards, taxis by sally

‘Taxi laws need urgently updating to combat child sexual exploitation, councils have warned.’

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The Guardian, 25th August 2017

Source: www.theguardian.com

Children: Public Law Update (August 2017) – Family Law Week

Posted August 23rd, 2017 in adoption, appeals, care orders, case management, children, disclosure, enforcement, families, family courts, fostering, human rights, jurisdiction, local government, medical treatment, news, placement orders, public interest immunity, social services by sally

‘John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

‘Professional’ trustees likely to receive higher penalties for wrongdoing, says Pensions Regulator – OUT-LAW.com

Posted August 15th, 2017 in enforcement, news, penalties, pensions, trusts by sally

‘Pension scheme trustees that are considered to be ‘professional trustees’ can expect higher penalties for wrongdoing, The Pensions Regulator (TPR) has said.’

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OUT-LAW.com, 14th August 2017

Source: www.out-law.com

LegalUK: The strength of English law and the UK jurisdiction – Courts and Tribunals Judiciary

Posted August 11th, 2017 in choice of forum, dispute resolution, enforcement, jurisdiction, news by tracey

‘The Lord Chief Justice and the Chancellor of the High Court have recently spoken about the need to counter misperceptions surrounding the certainty of litigating, arbitrating or otherwise resolving disputes in the UK. This booklet emphasises the unique strengths of English law and the high quality of dispute resolution services in the United Kingdom.’

Full booklet

Courts and Tribunals Judiciary, 4th August 2017

Source: www.judiciary.gov.uk