Category: sanctions
R (Taveta Investments Ltd) v Financial Reporting Council – Blackstone Chambers
‘Following an investigation in relation to an audit of BHS, the FRC reached a settlement with the auditors whereby they admitted misconduct and accepted the imposition of fines and other sanctions. The FRC and the auditors entered into a settlement agreement which included a 38-page “Particulars of Fact and Acts of Misconduct” setting out the “facts” as agreed between these parties.’
Blackstone Chambers, 29th June 2018
Source: www.blackstonechambers.com
Council Resolutions – Local Government Law
‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’
Local Government Law, 4th July 2018
Source: local-government-law.11kbw.com
Appeal court restores public sector pensions investment guidance – OUT-LAW.com
‘The Court of Appeal has found in favour of the government in a legal challenge to its guidance preventing the local government pension scheme (LGPS) from pursuing boycotts as part of its investment strategy’
OUT-LAW.com, 15th June 2018
Source: www.out-law.com
Government wins appeal over LGPS and guidance on boycotts and divestment – Local Government Lawyer
‘The Court of Appeal has allowed an appeal by the government over a ruling that the Communities Secretary acted unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’
Local Government Lawyer, 8th June 2018
Source: www.localgovernmentlawyer.co.uk
Former BHS owner Chappell faces boardroom ban but Sir Philip Green escapes sanction over collapse – Daily Telegraph
‘Former BHS owner Dominic Chappell will be banned from serving as company director for up to 15 years over his role in the the high street chain’s collapse, while its previous owner Sir Philip Green will escape any sanction. The Insolvency Service said that the retail mogul Sir Philip, who sold BHS to thrice bankrupt Mr Chappell little over a year before its demise for £1, will not face further action.’
Daily Telegraph, 27th March 2018
Source: www.telegraph.co.uk
Should the UK Make it Easier to Punish Foreign Human Rights Abusers? – Rights Info
‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’
Rights Info, 13th March 2018
Source: rightsinfo.org
Leading judge warns litigants not to start playing games over “minor procedural glitches” – Litigation Futures
‘The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance.’
Litigation Futures, 28th November 2017
Source: www.litigationfutures.com
The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers
‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’
Sports Law Bulletin from Blackstone Chambers, 6th November 2017
Source: www.sportslawbulletin.org
Drugs cheats in British sport will not face jail, says sports minister Tracey Crouch – The Guardian
‘Drugs cheats in British sport will not be jailed, the sports minister, Tracey Crouch, has said after a review of the UK’s anti-doping rules.’
The Guardian, 24th October 2017
Source: www.theguardian.com
Don’t be late – Hardwicke Chambers
‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’
Hardwicke Chambers, 5th October 2017
Source: www.hardwicke.co.uk
The Universal Credit Row and Our Basic Human Rights – RightsInfo
‘Universal Credit is a new social security benefit that’s currently being rolled out across the UK.
Several politicians and charities – including some within Theresa’s May Government – have asked for the new scheme to be paused or stopped. But how does this relate to our human rights?’
RightsInfo, 9th October 2017
Source: rightsinfo.org
High Court denies claimants relief from sanctions after “serious and substantial default” – Litigation Futures
‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’
Litigation Futures, 10th October 2017
Source: www.litigationfutures.com
Barton, betting and football’s ticking time bomb: Joey Barton v The FA – Blackstone Chambers
‘On 25 July 2017, an FA Appeal Board allowed the appeal of Premier League player, Joey Barton, against the “excessive” ban on him from all football for 18 months, imposed as a result of breaches of The FA’s betting rules.’
Blackstone Chambers, 31st July 2017
Source: www.sportslawbulletin.org
Joseph Bryan on Joey Barton v the FA: 5 Things You Need to Know – Littleton Chambers
‘Joey Barton, the controversial Burnley FC midfielder (and sometime BBC Question Time panellist), was in December 2016 charged by the FA with a breach of rule E8: betting. It was said that he had placed 1,260 bets on professional football matches over a ten-year period. He pleaded guilty to the alleged misconduct. An FA regulatory commission (the “Commission”) was convened to hear submissions and decide on sanction. Its decision, made on 26 April 2017, was to suspend Barton from all football-related activities for 18 months with immediate effect.’
Littleton Chambers, 31st July 2017
Source: www.littletonchambers.com
Regulations broaden financial sanctions reporting obligation – OUT-LAW.com
‘New UK regulations have been published that significantly extend the duty to report financial sanctions breaches. Previously only banks, financial institutions, certain EEA credit institutions, and currency exchange businesses were obliged to report, but the duty now applies to a far broader range of professions and sectors.’
OUT-LAW.com, 14th August 2017
Source: www.out-law.com
Lawyers face prosecution threat over financial sanctions compliance – Legal Futures
‘Lawyers are among those who could face prosecution if they fail to report information that could undermine UK financial sanctions, after a change to the law that came into force this week.’
Legal Futures, 10th August 2017
Source: www.legalfutures.co.uk
Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers
‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’
Park Square Barristers, 27th June 2017
Source: www.parksquarebarristers.co.uk
Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers
‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’
Park Square Barristers, 23rd June 2017
Source: www.parksquarebarristers.co.uk
