FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by tracey

‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Good Faith – a springboard to “Responsible Contractual Behaviour”? – Tanfield Chambers

Posted June 25th, 2020 in contracts, enforcement, news by sally

‘On 7 May 2020, the Cabinet Office issued guidance urging “responsible and fair performance and enforcement of contracts” during the Coronavirus pandemic. This guidance, which does not have legislative force, has caused some head-scratching amongst lawyers. Judges have traditionally been reluctant to muddy the waters of contract law (often murky enough as it is) with vague and subjective notions such as responsibility and fairness. The usual approach is – in simple terms – to hold the parties to the words they have used, imply only such other words as are necessary to make the contract work, and let the rest take care of itself. So what does the Cabinet Office guidance mean, and how, if at all, can the concept of “Responsible Contractual Behaviour” (“RCB”) be shoehorned into the existing law?’

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Tanfield Chambers, 24th June 2020

Source: www.tanfieldchambers.co.uk

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Police in England and Wales six times more likely to fine BAME people in lockdown – The Guardian

‘Police enforcing the coronavirus lockdown in England and Wales were more than six times more likely to issue fines to black, Asian and minority ethnic people than white people, figures show.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

Promises, promises: what is a landlord to do? Looking at the Supreme Court ruling in Duval v 11-13 Randolph Crescent – Becket Chambers

Posted June 16th, 2020 in covenants, enforcement, landlord & tenant, leases, news, Supreme Court by sally

‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’

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Becket Chambers, 11th June 2020

Source: becket-chambers.co.uk

Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News

Posted June 12th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statistics by sally

‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Police cannot go into homes to check if lockdown rules are being breached – Daily Telegraph

Posted June 2nd, 2020 in coronavirus, enforcement, news, police, regulations by sally

‘Police in England have been told they cannot go into homes or gardens to check whether coronavirus lockdown rules are being breached, according to new guidance.’

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Daily Telegraph, 1st June 2020

Source: www.telegraph.co.uk

Data watchdog relaxes regulatory function to prioritise guidance on complying with law during coronavirus public health emergency – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) will stand down audit work, issue fewer fines and generally use fewer formal powers against organisations that are struggling to meet data protection standards as a result of the COVID-19 pandemic.’

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Local Government Lawyer, 22nd May 2020

Source: www.localgovernmentlawyer.co.uk

Consumer Protection in the time of Covid-19 – Henderson Chambers

‘The Competition and Market Authority (“CMA”) has set up a task force to take action against companies which it considers are breaching consumer laws in the way in which they are dealing with the consequences of the Covid-19 pandemic (for example, companies refusing to provide cash refunds for goods and services which have been disrupted). The CMA has robust enforcement powers such that businesses would be wise to be careful as to how they balance their commercial interests with consumer rights in these difficult times.’

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Henderson Chambers, 13th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Freedom of contract: Does it still exist? – Littleton Chambers

Posted May 21st, 2020 in chambers articles, contracts, coronavirus, enforcement, news by sally

‘A provocative title, to be sure.

But on 7 May 2020, HM Government published through the Cabinet Office a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency” (the “Note”).’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Coronavirus: 14,000 lockdown-breach fines imposed – BBC News

‘Police in England and Wales have issued more than 14,000 fines for alleged breaches of lockdown laws.’

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BBC News, 15th May 2020

Source: www.bbc.com

Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions – UK Constitutional Law Association

‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020; The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020; The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020). These lockdown restrictions form the central plank of a wide range of government interventions, which to date include the 359-page Coronavirus Act 2020, 61 statutory instruments (emerging from 46 different parent acts), and an even greater amount of policy and guidance. The central purpose of the lockdown restrictions is to protect public health, by both containing the rate of infection and protecting NHS capacity to treat the influx of COVID-19 patients. There has been a lively legal debate about the restrictions—described as ‘almost certainly the most severe restrictions on liberty ever imposed.’ In addition to the legal debate, however, we also need a socio-legal analysis. An examination of how the public understand and experience the lockdown, and the significance of these perceptions for compliance, is essential to developing a clear picture of how the lockdown restrictions are working. Understanding the role of law in society, and not only in strict ‘legal’ terms, has rarely been so important.’

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UK Constitutional Law Association, 8th May 2020

Source: ukconstitutionallaw.org

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Frederick Cowell: Lifting the Lockdown: The Human Rights Issues – UK Constitutional Law Association

‘The Coronavirus Act 2020, which was passed in less than three days by Parliament, does not contain the restrictions governing the lockdown in England. These are contained in the Health Protection (Coronavirus, Restrictions) (the Regulations) passed under the Public Health (Control of Diseases) Act 1984. Devolved governments have pursued similar strategies in this respect. As Professor Jeff King has argued on this blog, s.45 of the 1984 Act can be ‘construed literally to confer powers to impose the lockdown’ because it allows for restrictions on ‘persons, things or premises in the event’ of a threat to public health. Like all secondary legislation, following s.3 of the Human Rights Act 1998 this needs to be compatible with the European Convention on Human Rights (ECHR). Yet, as this post sets out, some difficult rights trade-offs and restrictions may come from lifting lockdown restrictions requiring us to revaluate what we consider as normal in terms of balancing rights and liberties.’

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UK Constitutional Law Association, 1st May 2020

Source: ukconstitutionallaw.org

Making Sense of the Amended Lockdown Law – UK Human Rights Blog

‘As has been widely reported, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (the Original Regulations).’

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UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Coronavirus: More than 9,000 fines for lockdown breaches – BBC News

‘More than 9,000 fines have been issued in England and Wales for breaching coronavirus lockdown restrictions.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk