Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61
Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.
WLR Daily, 23rd February 2013
Source: www.iclr.co.uk
“In December 2012, alongside the new European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, the European Commission released its proposal for a new Insolvency Regulation which is put forward to amend the current European Regulation on insolvency proceedings2 adopted on 29 May 2000.”
Hardwicke Chambers, 1st February 2013
Source: www.hardwicke.co.uk
“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”
Full story (PDF)
11 Stone Buildings, January 2013
Source: www.11sb.com
“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”
WLR Daily, February 2013
Source: www.iclr.co.uk
“The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims.”
Competition Bulletin from Blackstone Chambers, 4th February 2013
Source: www.competitionbulletin.com
“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“Lord Justice Leveson has warned that unless criminal and civil law is enforced against bloggers, the quality of journalism in conventional media could deteriorate.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)
In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”
Hardwicke Chambers, 28th November 2012
Source: www.hardwicke.co.uk
“The head of the Press Complaints Commission (PCC), Lord Hunt, has said there is widespread agreement within the media for a proposed new self-regulation body he is arguing should be introduced in the wake of the Leveson report into press standards, which is published on Thursday.”
The Guardian, 26th December 2012
Source: www.guardian.co.uk
Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329
“On the proper interpretation of articles 32 and 33 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 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
“New powers that could make it easier for consumers to demand reimbursement from companies who have overcharged or mis-sold them products have been proposed by the Government.”
OUT-LAW.com, 7th November 2012
Source: www.out-law.com
“The consultation sets out proposals to extend the range of remedies available to enforcers of consumer law.”
Department for Business Innovation and Skills, 5th November 2012
Source: www.bis.gov.uk
“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”
WLR Daily, 30th October 2012
Source: www.iclr.co.uk
“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”
BBC News, 31st October 2012
Source: www.bbc.co.uk
“Absent parents who fail to support their children may no longer be threatened with jail after a court ruling against a Government body set up to pursue them.”
Daily Telegraph, 31st October 2012
Source: www.telegraph.co.uk
“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”
OUT-LAW.com, 26th October 2012
Source: www.out-law.com
“Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate.”
NearlyLegal, 6th October 2012
Source: www.nearlylegal.co.uk
“Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in competition law: A consultation on options for reform’). Published at the end of July 2012 when most people had better things to do, the OFT’s Response has generated less attention. It nonetheless provides a general endorsement of the DBIS proposals.”
Competition Bulletin from Blackstone Chamber, 28th September 2012
Source: www.competitionbulletin.com
“Lessons learned from deaths in police and prison custody are being repeatedly ignored or lost because there is no official body to enforce them, according to a charity that supports bereaved families at inquests.”
The Guardian, 1st October 2012
Source: www.guardian.co.uk
© Inner Temple Library 2024