The following Dispute Resolution Q&A Produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:
As part of the Enterprise Act 2002 (EnA 2002), the Competition and Markets Authority may accept enforcement undertakings, or if such undertakings are not being fulfilled, it may make an enforcement order.
Where a person or company is the subject of an enforcement undertaking or enforcement order, they have a duty to comply with it (EnA 2002, s 94(2)). That duty is ‘owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order’ (EnA 2002, s 94(3)).
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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