Category: enforcement

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

Posted February 22nd, 2022 in arbitration, construction industry, dispute resolution, enforcement, jurisdiction, news by tracey

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

Full Story

Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by tracey

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

Full Story

Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Leasehold assortment – Nearly Legal

Posted December 15th, 2021 in appeals, county courts, enforcement, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some quick notes on leasehold related cases.’

Full Story

Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by tracey

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Full Story

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’

Full Story

UKSC Blog, 16th November 2021

Source: ukscblog.com

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by tracey

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

Full Story

Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

Posted November 3rd, 2021 in appeals, arbitration, chambers articles, enforcement, international courts, news, Supreme Court by sally

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

Full Story

OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog

Posted October 8th, 2021 in appeals, enforcement, insolvency, news by tracey

‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’

Full Story

Practical Law: Construction Blog, 7th October 2021

Source: constructionblog.practicallaw.com

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

Full Story

EIN Blog, 15th September 2021

Source: www.ein.org.uk

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

Posted July 8th, 2021 in bills, building law, enforcement, health & safety, housing, landlord & tenant, local government, news by sally

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

Full Story

Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Managing new enforcement powers for councils under the Traffic management Act 2004 – Local Government Lawyer

Posted July 5th, 2021 in enforcement, local government, news, road traffic by tracey

‘Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.’

Full Story

Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Councils issue £1m in penalties against businesses for breach of Covid restrictions – Local Government Lawyer

Posted June 22nd, 2021 in community protection notices, coronavirus, enforcement, local government, news, penalties, regulations by sally

‘Local authorities have issued 1,201 penalties to businesses for violating Covid business restrictions, to a value of £1,076,820, research has revealed.’

Full Story

Local Government Lawyer, 21st June 2021

Source: www.localgovernmentlawyer.co.uk

Workers watchdog launched to clamp down on abuse – BBC News

Posted June 8th, 2021 in employment, enforcement, forced labour, news, remuneration, sanctions by sally

‘The government has announced the creation of a new workers’ watchdog to take over protecting the rights of UK workers.’

Full Story

BBC News, 8th June 2021

Source: www.bbc.co.uk

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

Posted May 21st, 2021 in brexit, divorce, enforcement, families, financial dispute resolution, foreign jurisdictions, news by tracey

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

Full Story

Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by tracey

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

Full Story

Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

Posted March 15th, 2021 in bills, coronavirus, criminal justice, Crown Prosecution Service, demonstrations, enforcement, government departments, murder, news, police, violence, women by tracey

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

Full Story

The Independent, 15th March 2021

Source: www.independent.co.uk

The UK’s new medicines and medical devices regime – next steps – Mills & Reeve

Posted March 12th, 2021 in chambers articles, enforcement, medicines, news by sally

‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’

Full Story

Mills & Reeve, 5th March 2021

Source: www.mills-reeve.com

Stalking protection orders: Police ‘not using’ new powers to protect victims – BBC News

Posted March 10th, 2021 in enforcement, harassment, news, police, stalking, statistics, victims by sally

‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’

Full Story

BBC News, 10th March 2021

Source: www.bbc.co.uk

Judge refuses to grant solicitor injunction after “grave robber” claims – Legal Futures

Posted March 9th, 2021 in defamation, enforcement, injunctions, news, solicitors, undertakings by tracey

‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’

Full Story

Legal Futures, 9th March 2021

Source: www.legalfutures.co.uk

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

Posted February 25th, 2021 in chambers articles, construction industry, contracts, dispute resolution, enforcement, foreign jurisdictions, jurisdiction, news by sally

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

Full Story

39 Essex Chambers, 24th February 2021

Source: www.39essex.com