“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
“Private debt collectors have been called in to help collect £420m in unpaid court fines on behalf of the Ministry of Justice under pilot schemes that may be rolled out across the country.”
The Guardian, 31st January 2012
Source: www.guardian.co.uk
“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”
OUT-LAW.com, 6th January 2012
Source: www.out-law.com
“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
“There is a crucial get-out clause that means referral fees in personal injury claims may continue to be paid in disguise.”
The Guardian, 6th December 2011
Source: www.guardian.co.uk
“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”
WLR Daily, 9th August 2011
Source: www.iclr.co.uk
“The Government today promised a ‘much tougher approach to organised crime’ as it outlined a new strategy to tackle drug gangs and fraudsters.”
The Independent, 28th July 2011
Source: www.independent.co.uk
“A company found in contempt of court could not appeal the findings of contempt as of right but required the permission of the judge or the Court of Appeal.”
WLR Daily, 27th July 2011
Source: www.iclr.co.uk
“The failure of police and prosecutors to enforce a law that criminalises men who pay for sex with trafficked women is jeopardising the attempt to tackle human trafficking into Britain.”
The Guardian, 19th July 2011
Source: www.guardian.co.uk
NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220
“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219
“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”
WLR Daily, 28th June 2011
Source: www.iclr.co.uk
“An injunction obtained in representative proceedings was binding on all persons represented in the claim, but a judge was entitled, in the exercise of his discretion, to refuse to frame the order in terms which would make it enforceable by or against persons who were not parties to the claim.”
WLR Daily, 29th June 2011
Source: www.iclr.co.uk
“A man has failed in his bid to overturn a ban on holding events including sex parties at his London mansion.”
BBC News, 20th April 2011
Source: www.bbc.co.uk
“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”
WLR Daily, 17th March 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86
“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”
WLR Daily, 11th March 2011
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Foreign drivers will be able to drink and drive, break the speed limit, jump red lights and escape without punishment because the Government has not signed up to an EU crackdown, it was claimed.”
Daily Telegraph, 4th March 2011
Source: www.telegraph.co.uk
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