Archive for the 'enforcement' Category

Challenge to ban on sex parties in London mansion fails – BBC News

“A man has failed in his bid to overturn a ban on holding events including sex parties at his London mansion.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“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 – WLR Daily

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 escape punishment for UK offences’ – Daily Telegraph

“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.”

Full story

Daily Telegraph, 4th March 2011

Source: www.telegraph.co.uk

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Courts launch crackdown on fine dodgers – Ministry of Justice

“People who try to avoid paying court fines across England and Wales will be targeted in a month-long campaign launched by Her Majesty’s Courts Service (HMCS) today.”

Full story

Ministry of Justice, 1st November 2010

Source: www.justice.gov.uk

Bolsover District Council and another v Ashfield Nominees Ltd and others – WLR Daily

Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129; [2010] WLR (D) 263

“A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of s 9 of the Limitation Act 1980.”

WLR Daily, 22nd October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367

“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”

WLR Daily, 16th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Star Wars propmaker wins battle against George Lucas – Daily Telegraph

“A propmaker has won a multi-million pound Appeal Court battle with the makers of Star Wars over the rights to manufacture Stormtrooper helmets.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk

High Court relieves hosting firm of duty to hand domain name to Kentucky – OUT-LAW.com

“The High Court has said that a UK hosting company does not have to comply with a US state court’s order demanding that it hand over a gambling company’s domain name.”

Full story

OUT-LAW.com, 4th November 2009

Source: www.out-law.com

 

Views sought on the enforcement powers of new Legal Services Board – Ministry of Justice

“The Ministry of Justice today publishes a consultation on the regulations which will control the new Legal Services Board’s power to enter and search the premises of legal profession regulators under warrant.”

Full story

Ministry of Justice, 29th October 2009

Source: www.justice.gov.uk

Court enforcement officers to help employees collect unpaid awards from tribunals – Ministry of Justice

“Tough new measures to improve the payment of employment tribunal awards and reduce the costs of enforcing unpaid ones were announced today by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 19th May 2009

Source: www.justice.gov.uk

Apostolides v Orams and Another – Times Law Reports

Apostolides v Orams and Another

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

Source: www.timesonline.co.uk

United States Securities and Exchange Commission v Manterfield – Times Law Reports

United States Securities and Exchange Commission v Manterfield

Court of Appeal

“A regulatory body in the United States seeking to enforce disgorgement of proceeds of alleged fraud could be granted a freezing order over assets in the United Kingdom.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm) – Times Law Reports

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm)

Chancery Division

“Where solicitors were in breach of their undertakings to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry as to the loss suffered by the addressee of the undertakings as the result of their breach.”

The Times, 10th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) – WLR Daily

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9

When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened had the solicitors performed the undertakings at the time they were given.”

WLR Daily, 20th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 12th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 11th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service – WLR Daily

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service; [2008] WLR (D) 346

In order to ensure that an officer of the Service or a Welsh family proceedings officer would not be in contempt of court by virtue of disclosing information to an officer of the National Probation Service when a request was made under s 11L(5) or s 11M of the Children Act 1989 the court should give leave to the officer to make such disclosure.”

WLR Daily, 7th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Practice Direction: Applications in the magistrates’ court to enforce contact orders – WLR Daily

Practice Direction: Applications in the magistrates’ court to enforce contact orders; [2008] WLR (D) 345

Applications to enforce contact orders made in the magistrates’ courts are to be considered by family proceedings courts.”

WLR Daily, 7th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.



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