Prohibition on Abuse of Rights in UK Law

  • Enforcement Of Mortgage Charge: Valid Defence Was Too Late
    • JD Supra United Kingdom
    Failing to diligently assert a defence to enforcement of a charge over property may preclude a borrower from relying on that defence. The Court of Appeal in Dickinson & anr v UK Acorn Finance L...
    ...... possession proceedings had started, was an abuse of process. In November 2010, the defendant, UK ...-charge precluded the exercise of Acorn’s rights. This challenge failed, so a warrant was issued ... activity” in contravention of the prohibition on carrying out a regulated activity unless the ......
  • MAKING HEAVY WEATHER OF THE UK’S UNJUSTIFIED INFRINGEMENT THREATS RULES
    • LexBlog United Kingdom
    The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights.  In recent years, this p...
    ...... for infringement of registered IP rights.  In recent years, this prohibition has been ... and passing-off, which are just as open to abuse as registered rights.  In this regard the law in ......
  • Financial Services Bulletin - Market Abuse: The New Regime
    • Mondaq United Kingdom
    ......Units in a collective investment scheme; . Rights under a stakeholder pension scheme; . Options; . Futures; . Contracts for ... obtained by research or analysis is exempt from any prohibition enabling it to be freely used. There is also an exemption for "order flow ......
  • UK CAT Awards 2 Travel £93,000 In Damages Against Cardiff Bus For Abuse Of Dominant Position In Cardiff Public Transport Market
    • Mondaq United Kingdom
    ...... predatory conduct against 2 Travel, contrary to the Chapter II prohibition of the Competition Act 1998. Cardiff Bus did not, however, receive a fine ... and cynically decided to disregard the law as well as 2 Travel's rights; Cardiff Bus' conduct was seriously anti-competitive and motivated by an ......
  • Insiders, Outsiders, Rogues And Sophisticates: Lessons in Business Protection from the Coal Face Market Abuse and Investor Losses
    • JD Supra United Kingdom
    In This Presentation: - FSA Enforcement 2012 - Novel Approaches - Market Abuse- Insider dealing - Inside Info...
    ...Copyright © 2011 by K&L Gates LLP. All rights reserved. INSIDERS, OUTSIDERS, ROGUES AND SOPHISTICATES Lessons in ... reduced performance and management fees avoided  AT-H – Prohibition from Compliance oversight CF10 and Money laundering reporting CF11, ......
  • Draft Guidance on Land Agreements Published by OFT
    • Mondaq United Kingdom
    ...... agreements are excluded from the UK prohibition of anticompetitive agreements.  From 6 April ... way that land is used or the way in which rights over the land are exercised.  The OFT notes that ... on how the chapter II prohibition against abuse of a dominant position (which has always been ......
  • Alert: Pfizer and Flynn Pharma Fined £90 Million for Charging “Excessive Prices” for Epilepsy Medicine
    • JD Supra United Kingdom
    The UK Competition and Markets Authority (the CMA) announced on 7 December that it had fined pharmaceutical manufacturer Pfizer and its UK distributor Flynn Pharma a total of £90 million. According...
    ......According to the CMA, the companies abused their dominant positions in, respectively, the ...” prices, contrary to the Chapter II prohibition of the UK Competition Act 1998 (CA98) and Article ... 2012, Pfizer sold the UK distribution rights for Epanutin to Flynn Pharma, which immediately ......
  • Homophobia: Sex Discrimination By Another Name
    • Mondaq United Kingdom
    ...... service in March 1997 before the Human Rights Act 1998 came into force (2nd October 2000). It ..., had suffered from homophobic taunts and abuse by pupils who were aware that she was a lesbian. ... on Human Rights, when read with the prohibition of discrimination under Article 14 of the ......
  • Short-Selling - FSA's Proposal For A Permanent Regime
    • Mondaq United Kingdom
    ......firms; and. rights issues. Exemptions for Market Makers and in the ...Emergency powers to re-introduce a prohibition when this is. warranted. Public Disclosure. The ...abuse. International cooperation. FSA is eager that ......
  • UK Market Abuse Regime Extends Its Reach: Implications for Market Participants
    • JD Supra United Kingdom
    The new regime shares the same aims as its predecessor—to ensure the integrity of EU financial markets and enhance investor confidence—and keeps pace with market developments such as new trading pl...
    ...... . create a new prohibition on manipulating the calculation of a benchmark rate;. . an expanded ... 2(1) of the European Communities Act 1972, which provides that all rights, powers, liabilities, obligations, and restrictions created from time to ......
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