“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
SerVaas Inc v Rafidain Bank: [2012] UKSC 40; [2012] WLR (D) 257
“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”
WLR Daily, 17th August 2012
Source: www.iclr.co.uk
“The Government is to change the law to enable the holders of UK registered designs to recover the profits earned by those who unintentionally innocently infringe on their rights.”
OUT-LAW.com, 14th August 2012
Source: www.out-law.com
“A ban on the referral fees blamed for creating a ‘compensation culture’ will be difficult to police and may not even be effective, regulators have warned.”
Daily Telegraph, 29th July 2012
Source: www.telegraph.co.uk
“The Government today set out its proposals to enhance the UK designs legal framework to make the system more accessible for businesses.”
Intellectual Property Office, 24th July 2012
Source: www.ipo.gov.uk
Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855; [2012] WLR (D) 186
“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”
WLR Daily, 27th June 2012
Source: www.iclr.co.uk
“Emma Pinder, Solicitor, of Spring Law considers a Hague Convention case which has attracted extensive attention in Australia and analyses the potential wider impact of the coverage, especially that within social media.”
Family Law Week, 21st June 2012
Source: www.familylawweek.com
“According to the Ministry of Justice, it was hoped that the Bribery Act 2010 would ‘provide a more effective legal framework to combat bribery in the public or private sectors’ and ‘help tackle the threat that bribery poses to economic progress and development around the world’.”
Halsbury’s Law Exchange, 20th June 2012
Source: www.halsburyslawexchange.co.uk
“Offenders who fail to pay court fines will have to foot the bill for officials to chase them down under plans to be unveiled today.”
Daily Telegraph, 28th May 2012
Source: www.telegraph.co.uk
“Justice Minister Jonathan Djanogly met today with business leaders to launch ‘Justice for Business: Supporting Business and Promoting Growth,’ a new paper outlining how the Government’s ambitious reform programme is making the justice system more effective, less costly and better for business.”
Ministry of Justice, 8th May 2012
Source: www.justice.gov.uk
“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”
Hardwicke Chambers, 25th April 2012
Source: www.hardwicke.co.uk
“Organisations that believe anti-corruption laws introduced in the UK last year are not being enforced are too blasé and risk falling foul of the rules, an expert has said. Meanwhile, managers have claimed that the laws put UK firms at a disadvantage.”
OUT-LAW.com, 30th April 2012
Source: www.out-law.com
“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“Regulators will not be able to hold companies based outside the EU accountable to proposed new data protection laws unless current enforcement mechanisms are changed, the Information Commissioner’s Office (ICO) has said.”
OUT-LAW.com, 29th February 2012
Source: www.out-law.com
Blight and others v Brewster: [2012] EWHC 165 (Ch); [2012] WLR (D) 26
“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
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