Category: enforcement

Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“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.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

PCC chair says he has widespread media backing for self-regulation plan – The Guardian

Posted November 26th, 2012 in complaints, enforcement, fines, freedom of expression, media, news, professional conduct, public interest, regulations by sally

“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.”

Full story

The Guardian, 26th December 2012

Source: www.guardian.co.uk

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily

Posted November 21st, 2012 in compensation, EC law, enforcement, insurance, jurisdiction, law reports, transport by sally

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

Civil courts could get powers to enforce compensation for wronged consumers – OUT-LAW.com

Posted November 8th, 2012 in civil justice, compensation, consumer protection, courts, enforcement, news by sally

“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.”

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OUT-LAW.com, 7th November 2012

Source: www.out-law.com

Civil enforcement remedies – consultation on extending the range of remedies available to public enforcers of consumer law – Department for Business Innovation and Skills

Posted November 6th, 2012 in consultations, consumer protection, enforcement, news by sally

“The consultation sets out proposals to extend the range of remedies available to enforcers of consumer law.”

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Department for Business Innovation and Skills, 5th November 2012

Source: www.bis.gov.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“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

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

Posted October 31st, 2012 in appeals, detention, enforcement, habeas corpus, international law, news, Supreme Court, terrorism by sally

“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.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Child maintenance powers ’emasculated’ after court ruling – Daily Telegraph

Posted October 31st, 2012 in appeals, child support, enforcement, human rights, news, parental responsibility, penalties by sally

“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.”

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Daily Telegraph, 31st October 2012

Source: www.telegraph.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“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.”

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OUT-LAW.com, 26th October 2012

Source: www.out-law.com

More on ECtHR, Article 8 and the Private Sector – NearlyLegal

Posted October 8th, 2012 in enforcement, human rights, landlord & tenant, news by sally

“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.”

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NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

OFT welcomes DBIS proposals for reforms in private enforcement of competition law – Competition Bulletin from Blackstone Chambers

Posted October 1st, 2012 in competition, enforcement, jurisdiction, news by sally

“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.”

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Competition Bulletin from Blackstone Chamber, 28th September 2012

Source: www.competitionbulletin.com

Deaths in custody lessons are being ignored, says charity – The Guardian

Posted October 1st, 2012 in coroners, death in custody, enforcement, inquests, news by sally

“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.”

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The Guardian, 1st October 2012

Source: www.guardian.co.uk

SerVaas Inc v Rafidain Bank – WLR Daily

Posted August 31st, 2012 in debts, enforcement, international law, law reports, state immunity, third parties by sally

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

Privacy watchdog “not ready” to deal with cookie complaints, according to FOI request – OUT-LAW.com

Posted August 20th, 2012 in complaints, consent, EC law, enforcement, fines, freedom of information, internet, news, ombudsmen, privacy by sally

“The Information Commissioner’s Office (ICO) has yet to begin investigating websites accused of breaking the new cookie laws, which came into force last year, because it does not yet have an investigative team in place.”

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OUT-LAW.com, 20th August 2012

Source: www.out-law.com

Unintentional innocent infringers of UK design rights will be required to repay profits to rights holders, Government says – OUT-LAW.com

Posted August 15th, 2012 in Community designs, enforcement, intellectual property, news by sally

“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.”

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OUT-LAW.com, 14th August 2012

Source: www.out-law.com

Personal injury referral-fee ban may not work, warns Solicitors Regulation Authority – Daily Telegraph

Posted July 30th, 2012 in alternative business structures, claims management, compensation, enforcement, fees, news, personal injuries, solicitors by sally

“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.”

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Daily Telegraph, 29th July 2012

Source: www.telegraph.co.uk

Government launches consultation on the designs legal framework – Intellectual Property Office

Posted July 25th, 2012 in company law, enforcement, intellectual property, press releases by sally

“The Government today set out its proposals to enhance the UK designs legal framework to make the system more accessible for businesses.”

Full press release

Intellectual Property Office, 24th July 2012

Source: www.ipo.gov.uk

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by sally

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

Social Media and the Voice of the Child in Hague Convention Cases – Family Law Week

Posted June 22nd, 2012 in child abduction, children, enforcement, internet, news by sally

“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.”

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Family Law Week, 21st June 2012

Source: www.familylawweek.com

Combating corruption in a global business environment – forthcoming HLE panel discussion – Halsbury’s Law Exchange

Posted June 21st, 2012 in bribery, competition, corruption, enforcement, legislation, news by sally

“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’.”

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Halsbury’s Law Exchange, 20th June 2012

Source: www.halsburyslawexchange.co.uk