Is small print in online contracts enforceable? – BBC News

“With some internet companies’ terms and conditions being longer than Shakespeare’s Hamlet, could it be that ‘unfair’ clauses in agreements are not even worth the paper they are printed on?”

Full story

BBC News, 6th June 2013

Source: www.bbc.co.uk

Employers forced to repay workers for refusing minimum wage – The Guardian

“Tens of thousands of workers who were denied the minimum wage have received hundreds of pounds in back pay from their employers following tougher enforcement policy by tax inspectors. Over the last year more than 26,000 workers were paid back £4m after action by HM Revenue and Customs, who are responsible for enforcing minimum wage laws.”

Full story

The Guardian, 30th May 2013

Source: www.guardian.co.uk

Action to tackle drug cutting agents – Home Office

Posted May 28th, 2013 in consultations, crime prevention, drug trafficking, enforcement, news by sally

A consultation was launched today on whether powers to seize substances used by criminals to mix with illegal drugs and maximise their profits should be strengthened.

Full story

Home Office, 28th May 2013

Source: www.gov.uk/home-office

Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

When is Article 8 available at the enforcement stage of the eviction process? – NearlyLegal

Posted May 2nd, 2013 in appeals, armed forces, enforcement, human rights, news, repossession by sally

“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”

Full story

NearlyLegal, 1st May 2013

Source: www.nearlylegal.co.uk

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

International Children Law Update – Family Law Week

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

Full story

Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

Enforcement of custody in the face of children’s dissent: should law prevail? – UK Human Rights Blog

Posted April 5th, 2013 in children, custody, EC law, enforcement, families, news by sally

“This complicated inter-jurisdictional battle between estranged parents is a stark illustration of how difficult it can be in these sorts of cases to apply the law in the fog of family warfare.”

Full story

UK Human Rights Blog, 4th April 2013

Source: www.ukhumanrightsblog.com

UK Border Agency to split into two new groups – Home Office

Posted March 27th, 2013 in enforcement, immigration, press releases, visas by tracey

“The UK Border Agency is to be split into two separate entities – an immigration and visa service and an immigration law enforcement organisation – as part of a package of changes announced today.”

Full press release

Home Office, 26th March 2013

Source: www.homeoffice.gov.uk

Human Rights and Family Law Spring Update – Family Law Week

“Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.”

Full story

Family Law Week, 22nd March 2013

Source: www.familylawweek.co.uk

Privacy and data protection developments in 2013: Google, Facebook, Leveson and more – Panopticon

Posted March 15th, 2013 in data protection, EC law, enforcement, internet, news, penalties, privacy, regulations, reports by tracey

“Data protection law was designed to be a fundamental and concrete dimension of the individual’s right to privacy, the primary safeguard against misuse of personal information. Given those ambitions, it is surprisingly rarely litigated in the UK. It also attracts criticism as imposing burdensome bureaucracy but delivering little in the way of tangible protection in a digital age. Arguably then, data protection law has tended to punch below its weight. There are a number of reasons for this.”

Full story

Panopticon, 11th March 2013

Source: www.panopticonblog.com

Sign error on M42 motorway may mean speeding let-off – BBC News

Posted March 11th, 2013 in enforcement, news, prosecutions, road traffic offences by sally

“Thousands of motorway speeding convictions could be overturned because the font used to display the numbers on some variable speed limit signs may not have complied with traffic regulations.”

Full story

BBC News, 9th March 2013

Source: www.bbc.co.uk

Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

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

A new European approach to business failure and insolvency – Hardwicke Chambers

Posted February 8th, 2013 in EC law, enforcement, insolvency, jurisdiction, news, regulations by sally

“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.”

Full story

Hardwicke Chambers, 1st February 2013

Source: www.hardwicke.co.uk

Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“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

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“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

Collective Actions: loss in complex cases – Competition Bulletin from Blackstone Chambers

Posted February 4th, 2013 in class actions, competition, enforcement, news by tracey

“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.”

Full story

Competition Bulletin from Blackstone Chambers, 4th February 2013

Source: www.competitionbulletin.com

Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“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.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Leveson warns journalistic standards could slip if bloggers not subject to law – The Guardian

Posted December 12th, 2012 in enforcement, internet, media, news, publishing, regulations by sally

“Lord Justice Leveson has warned that unless criminal and civil law is enforced against bloggers, the quality of journalism in conventional media could deteriorate.”

Full story

The Guardian, 12th December 2012

Source: www.guardian.co.uk

Votes for prisoners: UK told it must implement ECHR decisions – The Guardian

Posted December 10th, 2012 in bills, elections, enforcement, human rights, interpretation, news, prisons by sally

“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”

Full story

The Guardian, 10th December 2012

Source: www.guardian.co.uk