Enforcement Notice in UK Law
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Staffordshire County Council v Challinor and Another
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They will be confined to those in which both (a) there is a defect in the Enforcement Notice which can irrefutably be established, and (b) the landowner had an understandable reason for omitting to pursue a section 174 appeal. There is, we are told, no power even in an exceptional case to extend time for bringing a section 174 appeal.
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Park Estate (Bridlington) Ltd v East Riding County Council
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It was in the first place contended that the Act was highly technical and as it encroached on private rights the Court must insist on strict and rigid adherence to formalities. This, as a general proposition, commands assent, and not the less because disregard of an enforcement notice is an offence involving sufficiently serious penal consequences.
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South Buckinghamshire DC v Porter (No 1)
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Where it appears that a breach or apprehended breach will continue or occur unless and until effectively restrained by the law and that nothing short of an injunction will provide effective restraint ( City of London Corporation v Bovis Construction Ltd [1992] 3 All ER 697, 714), that will point strongly towards the grant of an injunction. But in all cases the court must decide whether in all the circumstances it is just to grant the relief sought against the particular defendant.
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Secretary of State for The Environment and Another v Thurrock BC
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I accept Mr Corner's point that an enforcement notice can lawfully be issued notwithstanding that at the moment of issue the activity objected to is not going on—because it is the week-end or the factory's summer holiday, for instance. The land would still be properly described as being used for the objectionable activity. I accept that there will be borderline cases when it is not clear whether the land is being used for the objectionable activity.
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Peter Jeremy Bowring and Aida Milena Bowring v Secretary of State for Communities and Local Government and Another
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On the facts of cases such as the present, it will not be sufficient if the works are integral to or part and parcel of the present unauthorised use of land if the works had been undertaken for a different, and lawful, use and could be used for that other, lawful use even if the unauthorised use ceased.
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Secretary of State for Communities and Local Government and another v Welwyn Hatfield Council
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Mr Beesley could have applied for a certificate under subsection (1) in respect of the building as soon as July 2006 was over, but he has not done so. It is that, once a planning authority has allowed the four year period for enforcement against the building to pass, principles of fairness and good governance could, in appropriate circumstances, preclude it from subsequently taking enforcement steps to render the building useless.
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R v Wicks
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I do not think that in practice hardship will be caused by requiring the residual grounds to be raised in judicial review proceedings. The statutory grounds of appeal are so wide that they include every aspect of the merits of the decision to serve an enforcement notice.
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Data Protection Act 2018
...... processing of personal data by competent authorities for law enforcement purposes .. . (5) Part 4 makes provision about the processing of personal ... that is relevant to it,(b) comply with the request, and(c) by notice in writing inform the data subject of—(i) the steps taken to comply with ......
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Energy Act 2016
......“relevant authorisation” means—(a) a licence, authorisation or notice granted or given by a Minister of the Crown in the exercise of a relevant .... (4) In this Chapter “sanction notice” means—(a) an enforcement notice (see section 43) ,(b) a financial penalty notice (see sections 44 ......
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Serious Crime Act 2015
...... . S-4 . Enforcement receivers 4 Enforcement receivers . In section 51 of the Proceeds of ... "(5A) A person applying for an order under subsection (5) must give notice of the application to the bank or building society with which the account ......
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The Environmental Permitting (England and Wales) Regulations 2016
......, the release of substances from the plant into the air;“enforcement notice” means a notice served under regulation 36;“enforcement ......
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Ne bis in idem in the context of an Interpol red notice: Effective law enforcement versus fundamental right (case note on C-505/19 WS)
This case note examines the Court of Justice of the European Union’s decision in WS (C-505/19) concerning the application of the ne bis in idem principle enshrined in Article 54 CISA and Article 50...
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Ne bis in idem in the context of an Interpol red notice: Effective law enforcement versus fundamental right (case note on C-505/19 WS)
This case note examines the Court of Justice of the European Union’s decision in WS (C-505/19) concerning the application of the ne bis in idem principle enshrined in Article 54 CISA and Article 50...
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Fighting the file-sharing war through notice-and-takedown regimes: Plunging a sword of copyright through the heart of freedom of expression on the Internet
The evolution of the Internet and technology that facilitates copying and sharing of copyright material has presented challenges to copyright holders. This paper looks at the use of notice-and-take.........This paper looks at the use of notice-and-takedown regimes as a method of copyright enforcement against file-sharing technologies. The topic is characterised as one of conflicting interests, between the right holders’ economic interests in ......
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Transnational policing between national political regimes and human rights norms: The case of the Interpol Red Notice system
Current transnational policing mechanisms such as Interpol appear to reproduce authoritarianism-like actions in democratic contexts by helping to undermine the rights and freedoms of individuals ta......... an in depth exam-ination of the cases of Turkish and Russian police, this article seeks to explain the pos-sible motives of the law enforcement institutions of democratic states in executing thequestionable Interpol Red Notice requests by authoritarian regimes based on the exist-ing ......
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ICO Issues Enforcement Notice Against Experian
On October 27, 2020, the UK Information Commissioner's Office published its enforcement notice against credit reference agency Experian Limited under Section 149 of the Data Protection Act 2018.
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UK ICO Issues Enforcement Notice To Experian: Ten Lessons For Data Brokers
The UK Information Commissioner's Office recently issued an enforcement notice against Experian under the General Data Protection Regulation (GDPR) in connection with its actions as a data broker r...
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UK ICO Issues Enforcement Notice To Experian: Ten Lessons For Data Brokers
The UK Information Commissioner's Office recently issued an enforcement notice against Experian under the General Data Protection Regulation (GDPR) in connection with its actions as a data broker r...
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Rare Enforcement Notice Issued by UK Advertising Regulator for “Hot Air” Ads
On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim –...
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Notice of Application for Enforcement by a method the court considers appropriate
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Challenge an unpaid penalty charge notice
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice....... . Statutory Declaration – unpaid penalty charge Form PE3. . . . . . . . . Traffic Enforcement Centre. . . County Court Business Centre . . . St Katharine’s House. . . 21-27 St ......
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Statutory declaration (Vehicle emissions) - Unpaid penalty charge
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice....... . . . . . . . Traffic Enforcement Centre. . . St Katharine’s House. . . ... entered from the Order for Recovery of unpaid fixed penalty notice. . . . . . You must then have the form sworn before ......
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Witness Statement - Unpaid Penalty Charge (parking)
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice.......Penalty Charge No. Traffic Enforcement Centre. County Court Business Centre. St. Katharine’s House. 21 – 27 ...I did not receive the Notice to Owner /. Penalty Charge Notice. (Parking contravention). I made ......