Category: enforcement

Mann v Mann – WLR daily

Posted March 12th, 2014 in consent orders, dispute resolution, enforcement, financial provision, law reports, married persons by tracey

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

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Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

CCTV warning notices non-compliant with data protection laws, says watchdog – OUT-LAW.com

Posted February 10th, 2014 in closed circuit television, data protection, enforcement, local government, news, ombudsmen, parking, privacy, video recordings by tracey

‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Charity Commission not fit for purpose, warn MPs – BBC News

Posted February 5th, 2014 in Charity Commission, enforcement, news by sally

‘The Charity Commission is not “fit for purpose” and has persistently failed to tackle abuses of charitable status properly, MPs have said.’

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BBC News, 5th February 2014

Source: www.bbc.co.uk

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by tracey

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

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Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Surrogacy: A Guide to the Current Law (Part 2) – Issues Arising – Family Law Week

Posted February 3rd, 2014 in consent, enforcement, families, news, surrogacy by tracey

‘In the second of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the main issues arising from the current legislation.’

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Family Law Week, 30th January 2014

Source: www.familylawweek.co.uk

Sixty victims of loan sharks in witness protection – The Guardian

Posted January 27th, 2014 in enforcement, interest, intimidation, loans, news, threatening behaviour, victims, witnesses by sally

‘Sixty victims of loan sharks are in witness protection, according to the country’s leading official tasked with breaking the cycle of fear, intimidation and violence trapping families who have borrowed money from illegal lenders.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Confiscation orders take only 26p in every £100 from criminals, NAO finds – The Guardian

Posted December 18th, 2013 in assets recovery, auditors, confiscation, enforcement, fraud, news, proceeds of crime, statistics by sally

‘Confiscation orders designed to ensure crime does not pay provide neither value for money nor a credible deterrent as perpetrators keep all but 26p in every £100 generated by the criminal economy, according to a damning report.’

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The Guardian, 17th December 2013

Source: www.guardian.co.uk

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) – WLR Daily

Posted December 4th, 2013 in EC law, employment, enforcement, insolvency, law reports, remuneration by sally

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) (Case C‑309/12); [2013] WLR (D) 465

‘Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer (as amended by Parliament and Council Directive 2002/74/EC of 23 September 2002) did not preclude national legislation which did not guarantee wage claims falling due more than six months before the commencement of an action seeking a declaration that the employer was insolvent, even where the workers initiated, prior to the start of that period, legal proceedings against their employer with a view to obtaining a determination of the amount of those claims and an enforcement order to recover those sums.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

EU migrants: David Cameron sets out more benefit restrictions – The Guardian

Posted November 27th, 2013 in benefits, bills, EC law, employment, enforcement, fines, housing, immigration, news, statistics by tracey

‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Breathing a sigh of relief…? – Zenith Chambers

Posted October 30th, 2013 in appeals, civil procedure rules, costs, enforcement, news, practice directions by sally

“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Should we have an enforceable right to food? – Professor Geraldine van Bueren Q.C. – UK Human Rights Blog

Posted October 21st, 2013 in enforcement, food, human rights, news, statutory duty by sally

“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”

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UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

The Importance of Being Earnest – NearlyLegal

Posted October 14th, 2013 in affidavits, appeals, assignment, banking, debts, enforcement, hearsay evidence, misrepresentation, mortgages, news, Northern Ireland, repossession, solicitors by sally

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Expecting business to respect human rights without incentives or Sanctions – UK Human Rights Blog

Posted September 5th, 2013 in company law, enforcement, human rights, international trade, news, sanctions, United Nations by sally

“Cross-government coordination on an issue that affects trade, international development, foreign affairs, business activity and human rights is remarkable, especially at such a difficult economic time. So the UK’s Action Plan on Business and Human Rights, which is the government’s long-awaited strategy for implementing the 2011 UN Guiding Principles on Business and Human Rights, is to be applauded for this achievement. Yet, while the Plan establishes clear expectations that UK companies should respect human rights, there are no effective legal requirements placed on them to do so.”

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UK Human Rights Blog, 4th September 2013

Source: www.ukhumanrightsblog.com

Russian wife awarded £53 million divorce settlement at London’s High Court – Daily Telegraph

Posted August 15th, 2013 in contempt of court, costs, divorce, enforcement, financial provision, news by sally

“A Russian wife has been awarded one of the highest divorce settlements ever made by an English court after a judge ruled that she should receive more than £53 million from her ex-husband.”

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Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

Information sharing with new IP crime police unit can help rights holders obtain redress for infringements, says expert – OUT-LAW.com

Posted August 5th, 2013 in enforcement, evidence, intellectual property, international law, internet, news, police, prosecutions by sally

“The establishment of a dedicated police unit for investigating and prosecuting against individuals involved in intellectual property (IP) crime can help rights holders obtain redress for the infringement of their rights, an expert has said.”

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OUT-LAW.com, 2nd August 2013

Source: www.out-law.com

Bedfordshire Police Constabulary v RU and another – WLR Daily

Posted August 1st, 2013 in children, contempt of court, enforcement, forced marriages, imprisonment, law reports, police by sally

Bedfordshire Police Constabulary v RU and another [2013] EWHC 2350 (Fam); [2013] WLR (D) 319

“There was no power whereby a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order where the police themselves were not the applicants who had obtained the order. The relevant departments of state should give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.”

WLR Daily, 26th July 2013

Source: www.iclr.co.uk

New measures to clamp down on legal aid cheats – Ministry of Justice

Posted July 30th, 2013 in assets recovery, enforcement, legal aid, news, proceeds of crime by sally

“New measures launched today will see those criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”

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Ministry of Justice, 30th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice