Category: enforcement

Developments following Ground Developments… or not – Practical Law: Construction Blog

Posted December 15th, 2020 in construction industry, dispute resolution, enforcement, jurisdiction, news, summary judgments by tracey

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

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Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

Posted December 11th, 2020 in appeals, construction industry, contracts, disclosure, dispute resolution, enforcement, fraud, news by tracey

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

Posted December 1st, 2020 in abuse of process, choice of forum, class actions, compensation, EC law, enforcement, jurisdiction, news, pollution, stay of proceedings, striking out, water by sally

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Brexit and family law: do you need to act before 31 December? – Family Law Week

Posted November 26th, 2020 in brexit, divorce, EC law, enforcement, financial provision, news, time limits by tracey

‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.

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Family Law Week, 19th November 2020

Source: www.familylawweek.co.uk

Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

Property: Residential evictions: where are we now? – Lamb Chambers

Posted November 19th, 2020 in bailiffs, coronavirus, enforcement, landlord & tenant, news, regulations, repossession, warrants by sally

‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’

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Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Police can resume issuing instant £10,000 Covid fines – The Guardian

Posted November 18th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, government departments, news, police by sally

‘Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

Posted November 17th, 2020 in bailiffs, coronavirus, enforcement, judicial review, Ministry of Justice, news, regulations, warrants by sally

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice faces judicial review over requirement on bailiffs not to enforce evictions – Local Government Lawyer

Posted November 17th, 2020 in bailiffs, coronavirus, enforcement, judicial review, Ministry of Justice, news, repossession, warrants by sally

‘The Ministry of Justice has been hit with a judicial review challenge over the ongoing refusal to enforce warrants and writs by bailiffs and High Court Enforcement Officers (HCEOs).’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

Posted October 28th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, government departments, judges, news, parliament, police by sally

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

Posted October 6th, 2020 in construction industry, contracts, costs, dispute resolution, enforcement, insurance, news, set-off by tracey

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Coronavirus: Students fined £200 over party at university halls – The Independent

Posted October 5th, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, universities by tracey

‘Two students have been fined £200 each following an illegal party in a university’s halls of residence, West Midlands Police has said.’

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The Independent, 3rd October 2020

Source: www.independent.co.uk

Ilford takeaway fined for serving burger after curfew – BBC News

Posted October 5th, 2020 in coronavirus, emergency powers, enforcement, fines, food, news, police by tracey

‘An east London takeaway has been fined £1,000 for serving a burger four minutes after the 10pm curfew.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blogger

Posted October 2nd, 2020 in administrators, company law, construction industry, dispute resolution, enforcement, insolvency, news by tracey

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Legalise e-scooters in UK as alternative to short car trips, MPs say – The Guardian

Posted October 2nd, 2020 in energy, enforcement, environmental protection, government departments, news, pilot schemes, road safety, road traffic, select committees, transport by tracey

‘MPs have called on the government to legalise e-scooters in the UK and advertise them to car drivers as a greener alternative for short journeys.’

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The Guardian, 2nd October 2020

Source: www.theguardian.com

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

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The Guardian, 30th September 2020

Source: www.theguardian.com

New Covid fines of up to £10,000 come into force in England – The Guardian

Posted September 28th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, local government, news by sally

‘A new, more robust chapter in English coronavirus regulations begins on Monday, with fines of up to £10,000 for people who refuse to self-isolate when asked, and enforcement including tip-offs from people who believe that others are breaching the rules.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Larger local authorities face reporting requirement on steps taken to prevent modern slavery – Local Government Lawyer

Posted September 25th, 2020 in enforcement, forced labour, local government, news by sally

‘The Government is to strengthen the Modern Slavery Act 2015 to require larger local authorities and other public bodies and businesses to take action against modern slavery risks in their supply chains.’

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Local Government Lawyer, 23rd September 2020

Source: www.localgovernmentlawyer.co.uk

Law Commission consults on reforms to confiscation regime – Local Government Lawyer

Posted September 22nd, 2020 in confiscation, consultations, enforcement, Law Commission, news, proceeds of crime by sally

‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

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The Guardian, 20th September 2020

Source: www.theguardian.com