‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’
Tanfield Chambers, 20th April 2016
Source: www.tanfieldchambers.co.uk
‘Earlier intervention and more formal measures of success are needed if confiscation orders are to be successfully used by the UK courts to deprive fraudsters of the proceeds of their crimes.’
OUT-LAW.com, 20th April 2016
Source: www.out-law.com
‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’
Local Government Lawyer, 19th April 2016
Source: www.localgovernmentlawyer.co.uk
‘On 5 February 2015, the National Audit Office (NAO) published a report entitled ‘The UK Competition Regime’. The report assesses the performance of the UK competition regulators, focusing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work. However, it has also inherited problems in competition enforcement, which derive, according to the NAO, from a difficult legal environment, very low business awareness of the organisation and competition law more broadly, and reputational damage caused by a series of high profile losses in court.’
OUP Blog, 19th April 2016
Source: http://blog.oup.com
‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
Health Executive of Ireland v Z and others [2016] EWHC 784 (Fam)
‘The applicant sought and obtained an order in the Irish High Court authorising the treatment in a specialist unit in an English hospital of an Irish child aged 15 who had developed a very serious eating disorder and who required treatment which could not be provided in her home country. Her doctors, supported by her parents but against her wishes, made arrangements for her to be admitted and treated in a specialist unit in an English hospital which was able to provide the treatment required. The applicant applied to the English High Court for an order, under the inherent jurisdiction of the court, for recognition and enforcement of the Irish High Court order. At an initial hearing the court made an interim emergency order under inherent jurisdiction permitting the child’s emergency admission for treatment in the hospital in England. At a further hearing on notice a number of issues arose for determination, including whether article 1 of Council Regulation (EC) No 2201/2003 (“the Regulation”) applied to the case, whether the court had power under its inherent jurisdiction to make an interim emergency order for the recognition and enforcement of the Irish High Court order pending an application under FPR Pt 31, whether recognition should be refused on any of the grounds set out in article 23 of the Regulation, and whether the child should be represented in the proceedings.’
WLR Daily, 8th April 2016
Source: www.iclr.co.uk
‘In all of the excitement about the proposals in the White Paper for all schools to become academies, there has been little discussion about the Guidance for local authorities and RSCs on Schools causing concern – Intervening in failing, underperforming and coasting schools. Alongside this guidance, the Government has published its response to the consultation exercise, which includes a useful summary of the amendments that the Government made to the Bill during its Parliamentary passage.’
Education Law Blog, 7th April 2016
Source: www.education11kbw.com
‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’
Technology Law Update, 30th March 2016
Source: www.technology-law-blog.co.uk
‘This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were updates in February. Now, the coup de grace (which, if I am entirely honest, I’ve known was coming for a while).’
Nearly Legal, 21st March 2016
Source: www.nearlylegal.co.uk
‘The Competition and Markets Authority (CMA) in the UK is to review the way it conducts market investigations, it has announced.’
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
‘A new law aimed at protecting children from health risks of adults smoking in cars has turned into a farce after it emerged that Britain’s largest police force has not prosecuted a single driver.’
Daily Telegraph, 7th March 2016
Source: www.telegraph.co.uk
‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’
OUT-LAW.com, 24th February 2016
Source: www.out-law.com
‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’
Family Law Week, 18th February 2016
Source: www.familylawweek.co.uk
‘The FCA’s “further decision notice” on Mr Tariq Carrimjee (senior partner and CEO of Somerset Asset Management) revealed that, the regulator has taken on board the Tribunal’s view that banning Mr Carrimjee from all regulated activity would be “irrational and disproportionate”, and it has instead decided to prohibit him from performing compliance oversight (CF10) and money laundering reporting functions (CF11).’
Financial Services Blog, 15th February 2016
Source: www.rpc.co.uk
‘Corporate victims of fraud will send a “convincing message about their values” to investors and customers if they set aside their fears of reputational damage in order to publicly investigate and deal with the discovery, an expert has said.’
OUT-LAW.com, 17th February 2016
Source: www.out-law.com
‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault. Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’
Family Law Week, 15 February 2016
Source: www.familylawweek.co.uk
‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’
Nearly Legal, 13th February 2016
Source: www.nearlylegal.co.uk
‘It is common theme in social housing that landlords who have obtained a possession order (whether outright or suspended) may exercise restraint and not seek to immediately enforce the order by a warrant for execution. Another common scenario is where a landlord has tried, perhaps repeatedly, to enforce possession but cannot do so because the tenant successfully applies to the Court for the warrant to be stayed.’
36 Bedford Row, 28th January 2016
Source: www.36property.co.uk
‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’
Nearly Legal, 6th January 2016
Source: www.nearlylegal.co.uk
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