Firms fined thousands for employing illegal staff – BBC News
‘Three Essex companies have been fined thousands of pounds by the Home Office for employing illegal workers.’
BBC News, 3rd September 2024
Source: www.bbc.co.uk
Category: enforcement
UK crypto firm fine highlights regulatory agreement breach perils, say experts – OUT-LAW.com
‘The potential consequences of breaching voluntary requirements agreed with the UK’s Financial Conduct Authority (FCA) have been brought into sharp focus with recent enforcement action taken by the regulator, experts in financial regulation have said.’
OUT-LAW.com, 12th August 2024
Source: www.pinsentmasons.com
Stronger competition penalties prompt CMA policy review – OUT-LAW.com
‘The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).’
OUT-LAW.com, 22nd July 2024
Source: www.pinsentmasons.com
UK ratification of cross-border enforcement treaty gives businesses greater certainty – OUT-LAW.com
‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’
OUT-LAW.com, 4th July 2024
Source: www.pinsentmasons.com
More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers
‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’
Mountford Chambers, 2nd May 2024
Source: www.mountfordchambers.com
Arbitration as an instrument of fraud: Contax v KFH – Gatehouse Chambers
‘Earlier this year, Butcher J handed down the judgment of the Commercial Court in the extraordinary case of Contax Partners Inc BVI v Kuwait Finance House and Ors [2024] EWHC 436 (Comm), ultimately putting to bed an attempt by fraudsters to purloin over £70 million from a banking group associated with the Kuwaiti sovereign wealth fund. What made this attempted fraud particularly noteworthy was that its central mechanism was an abuse of the processes of the court used to enforce arbitral awards.’
Gatehouse Chambers, 7th May 2024
Source: gatehouselaw.co.uk
High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin) – Francis Taylor Building
‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’
Francis Taylor Building, 24th May 2024
Source: www.ftbchambers.co.uk
Council begins demolition of “man cave” at centre of long-running planning enforcement battle
‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’
Local Government Lawyer, 6th June 2024
Source: www.localgovernmentlawyer.co.uk
FCA’s plan to “name and shame” firms should be urgently reconsidered – Kingsley Napley Criminal Law Blog
‘The FCA’s recent consultation (CP24/2) on changes to its enforcement process has provoked what appears to be unanimous opposition from government and industry bodies. Of particular concern is the proposal in consultation paper (“the CP”) that the FCA will publish information about its enforcement investigations, including the identity of the subject of the investigation, where it assesses it to be in the public interest to do so. Due to legal considerations which apply to the publication of information relating to individuals, the FCA’s proposals extend only to firms. However, the potential harm caused not only to those firms, but also their customers, their employees, the market – and UK plc – may be profound.’
Kingsley Napley Criminal Law Blog, 7th May 2024
Source: www.kingsleynapley.co.uk
Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer
‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog
‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’
Kluwer Arbitration Blog, 30th March 2024
Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers
‘There had been a number of adjudications between the parties:
– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’
39 Essex Chambers, 18th April 2024
Source: www.39essex.com
Cost liability determined following partially successful application for a final third party debt order (Chedington Events Ltd v Brake and others) – Gatehouse Chambers
‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’
Gatehouse Chambers, 18th March 2024
Source: gatehouselaw.co.uk
Retailers who break new smoking ban face on-the-spot fines in UK – The Guardian
‘Powers to issue £100 on-the-spot fines are to be handed to council officers enforcing a landmark law banning future generations from smoking, which Rishi Sunak has hailed as a chance to “save thousands of lives and billions of pounds”.’
The Guardian, 20th March 2024
Source: www.theguardian.com
International agreement to fight fraud secured – Home Office
‘The Home Secretary has secured a new agreement with world leaders to tackle fraud.’
Home Office, 11th March 2024
Source: www.gov.uk
Lim and others v Ong – Wilberforce Chambers
‘The Defendant was sentenced yesterday to 22 months immediate imprisonment in respect of a vast array of contempts of court, including dealing and dissipating assets in breach of a worldwide freezing order, providing inaccurate ancillary asset disclosure inflating his true asset position, providing false affidavit evidence seeking to justify dissipation, and 59 breaches of the standard form weekly living allowance.’
Wilberforce Chambers, 21st February 2024
Source: www.wilberforce.co.uk
£70m arbitration award set aside after High Court judge finds agreement is a ‘fabrication’ – Law Society’s Gazette
‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.co.uk
