Category: enforcement

FCA’s plan to “name and shame” firms should be urgently reconsidered – Kingsley Napley Criminal Law Blog

Posted May 9th, 2024 in consultations, enforcement, financial regulation, news by sally

‘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.’

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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

Posted May 8th, 2024 in enforcement, housing, landlord & tenant, local government, news, notification, repairs by tracey

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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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

Posted April 30th, 2024 in chambers articles, disclosure, dispute resolution, enforcement, news, without prejudice communications by sally

‘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)).’

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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

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘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.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers

Posted April 25th, 2024 in construction industry, enforcement, jurisdiction, news by sally

‘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.’

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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

Posted April 19th, 2024 in chambers articles, costs, debts, dispute resolution, enforcement, news, third parties by sally

‘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.’

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Gatehouse Chambers, 18th March 2024

Source: gatehouselaw.co.uk

The Bar Standards Board publishes the Fieldfisher review of its enforcement system – Bar Standards Board

Posted April 15th, 2024 in barristers, complaints, disciplinary procedures, enforcement, news, professional conduct by tracey

‘The leading law firm Fieldfisher LLP was appointed in 2023 to carry out an end-to-end review of the Bar Standards Board’s (BSB) enforcement system, encompassing all the BSB’s systems, processes and policies. After agreement in principle by the Board, the full report is today being published.’

Full report

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Bar Standards Board, 12th April 2024

Source: www.barstandardsboard.org.uk

Report calls for major overhaul of BSB enforcement processes – Legal Futures

Posted April 12th, 2024 in barristers, case management, complaints, delay, disciplinary procedures, enforcement, news, professional conduct by sally

‘The Bar Standards Board (BSB) has the right approach to dealing with complaints about barristers’ conduct but there are “a large number of areas” for improvement, a major review has concluded.’

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Legal Futures, 12th April 2024

Source: www.legalfutures.co.uk

Retailers who break new smoking ban face on-the-spot fines in UK – The Guardian

Posted March 20th, 2024 in bills, children, enforcement, fines, government departments, health, local government, news, political parties, smoking, young persons by sally

‘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”.’

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The Guardian, 20th March 2024

Source: www.theguardian.com

International agreement to fight fraud secured – Home Office

Posted March 12th, 2024 in crime prevention, enforcement, fraud, international relations, news by tracey

‘The Home Secretary has secured a new agreement with world leaders to tackle fraud.’

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Home Office, 11th March 2024

Source: www.gov.uk

Lim and others v Ong – Wilberforce Chambers

Posted March 6th, 2024 in chambers articles, contempt of court, disclosure, enforcement, fraud, news by sally

‘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.’

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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

Posted March 4th, 2024 in arbitration, enforcement, foreign jurisdictions, fraud, judgments, news, setting aside by tracey

‘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.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

Insider trading conviction highlights FCA market abuse crackdown – OUT-LAW.com

Posted February 26th, 2024 in banking, criminal justice, enforcement, financial services ombudsman, fraud, insider dealing, mergers, news by tracey

‘A recent criminal conviction secured by the Financial Conduct Authority (FCA) in a case of insider trading highlights the UK regulator’s intention to proactively crackdown on cases of market abuse – not just with criminal prosecutions but through the enforcement of regulation too, a former senior market regulator has said.’

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OUT-LAW.com, 23rd February 2024

Source: www.pinsentmasons.com

HMRC has not charged a single company over tax evasion under landmark legislation – The Guardian

Posted January 22nd, 2024 in corporation tax, enforcement, HM Revenue & Customs, news, tax evasion, taxation by tracey

‘HMRC has not charged a single company under landmark legislation passed six years ago to crack down on corporate tax evasion.’

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The Guardian, 20th January 2024

Source: www.theguardian.com

BBC review: Ofcom to gain more powers over BBC News website – BBC News

Posted January 22nd, 2024 in BBC, enforcement, government departments, internet, news, ombudsmen by tracey

‘Ofcom is to gain more powers over BBC online services, including the BBC News website, as part of a series of changes unveiled by the government.’

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BBC News, 22nd January 2024

Source: www.bbc.co.uk

Planning Inspectorate to stop accepting comments on appeals via email in bid to “streamline” process – Local Government Lawyer

Posted January 17th, 2024 in appeals, electronic mail, enforcement, local government, news, planning by sally

‘The Planning Inspectorate has said it will stop accepting comments on planning and enforcement appeals via email in order to streamline the process both for the inspectorate and local planning authorities.’

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Local Government Lawyer, 17th January 2024

Source: www.localgovernmentlawyer.co.uk

Resisting enforcement of an adjudicator’s decision – Local Government Lawyer

Posted January 15th, 2024 in construction industry, dispute resolution, enforcement, insolvency, local government, news by tracey

‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

UK to sign Hague Convention 2019 on cross-border enforcement of judgments – OUT-LAW.com

Posted November 27th, 2023 in dispute resolution, enforcement, foreign jurisdictions, news by tracey

‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’

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OUT-LAW.com, 24th November 2023

Source: www.pinsentmasons.com

UK ICO challenges Clearview AI ruling – OUT-LAW.com

Posted November 22nd, 2023 in appeals, artificial intelligence, data protection, enforcement, facial mapping, internet, news by sally

‘The UK’s data protection authority has lodged an appeal against a tribunal ruling that found it did not have the power to take enforcement action against facial recognition software developer Clearview AI.’

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OUT-LAW.com, 21st November 2023

Source: www.pinsentmasons.com

Severance Denied: Diag Human v Volterra Fietta [; A Potential Public Policy Warning for Litigation Funders – Gatehouse Chambers

Posted November 21st, 2023 in agreements, chambers articles, champerty, enforcement, fees, news, remuneration, solicitors by sally

‘The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account. The decision in Diag Human v Volterra Fietta will ring alarm bells for litigation funders who might be contemplating launching similar arguments as a consequence of the Supreme Court’s decision in R (on the application of PACCAR) v Competition Appeal Tribunal.’

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Gatehouse Chambers, 10th October 2023

Source: gatehouselaw.co.uk