Why the FA banned Anelka for 5 games – Sports Law Bulletin from Blackstone Chambers

Posted March 10th, 2014 in disciplinary procedures, news, penalties, racism, sport by sally

‘The FA has just published the written reasons of the Regulatory Commission chaired by Christopher Quinlan QC considering the disciplinary proceedings against the Player Nicolas Anelka for making the alleged anti-Semitic “quenelle” salute during a Premier League game. The Commission decided to ban Anelka for 5 matches, fine him and order him to attend a compulsory education course.’

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Sports Law Bulletin from Blackstone Chambers, 10th March 2014

Source: www.sportslawbulletin.org

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Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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Is a cheque book better than a defence statement? – Six Pump Court

‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’

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Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

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Court interpreting firm Capita fined thousands – BBC News

Posted January 22nd, 2014 in courts, interpreters, news, penalties by sally

‘A private company which provides court interpreters in England and Wales has lost thousands of pounds in penalties for its poor performance.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

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European Commission v Portuguese Republic (Czech Republic and others intervening) – WLR Daily

Posted January 17th, 2014 in EC law, jurisdiction, law reports, penalties by sally

European Commission v Portuguese Republic (Czech Republic and others intervening) (Case C-292/11 P); [2014] WLR (D) 3

‘In the case where, in the context of verification of compliance with a judgment delivered by the Court of Justice pursuant to article 260FEU of the FEU Treaty, a difference arose between the European Commission and the member state concerned as to whether national legislation or a national practice which the Court of Justice had not examined beforehand was appropriate for ensuring compliance with that judgment, the commission could not, by adopting a decision, resolve such a difference itself and draw from this the necessary inferences for the calculation of the penalty payment.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

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Costs judge refuses relief despite “qualms” over sanction – Litigation Futures

Posted January 15th, 2014 in appeals, costs, news, penalties, practice directions by tracey

‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’

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Litigation Futures, 14th January 2014

Source: www.litigationfutures.com

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Radical overhaul of sentencing continues – Ministry of Justice

Posted December 3rd, 2013 in community service, news, penalties, sentencing by sally

‘From this month community sentences will have to include an element of punishment, as the radical overhaul of sentencing continues Justice Secretary Chris Grayling said today.’

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Ministry of Justice, 2nd December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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Government to legislate to cap the cost of payday loans – OUT-LAW.com

‘The Government will introduce legislation to cap the cost of payday loans to borrowers, the Chancellor of the Exchequer has announced.’

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OUT-LAW.com, 27th November 2013

Source: www.out-law.com

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The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

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Panopticon, 21st November 2013

Source: www.panopticonblog.com

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Doctors, nurses and managers to face five years in jail if they neglect patients – The Guardian

“Doctors, nurses and NHS managers will face up to five years in jail if they are found to have wilfully neglected or mistreated patients under a new law aimed at stopping a repeat of the Mid Staffordshire hospital scandal.”

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The Guardian, 16th November 2013

Source: www.guardian.co.uk

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Consultation on out of court disposals – Attorney General’s Office

Posted November 14th, 2013 in cautions, consultations, penalties, press releases by tracey

“This consultation paper outlines the existing out of court disposals (OOCDs) landscape and provides an opportunity for the public and practitioners to share their thoughts and experiences of OOCDs and their use, and consider how they might be reformed.”

Full press release

Attorney General’s Office, 14th November 2013

Source: www.gov.uk/ago

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Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

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OUT-LAW.com, 13th November 2013

Source: www.out-law.com

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Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings

Posted October 30th, 2013 in appeals, costs, dispute resolution, news, penalties by sally

“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”

Full story (PDF)

11 Stone Buildings, October 2013

Source: www.11sb.com

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The Sinister Side of Restorative Justice – Criminal Law and Justice Weekly

Posted October 29th, 2013 in costs, fines, news, penalties, rehabilitation, restorative justice by sally

“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”

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Criminal Law and Justice Weekly, 26th October 2013

Source: www.criminallawandjustice.co.uk

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Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

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Panopticon, 22nd October 2013

Source: www.panopticonblog.com

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Modernising wildlife law – Law Commission

Posted October 16th, 2013 in animals, bills, birds, EC law, environmental protection, Law Commission, news, penalties by sally

“The Law Commission has today [15 October] set out its proposed principles for a new regulatory regime for wildlife.”

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Law Commission, 15th October 2013

Source: www.lawcommission.justice.gov.uk

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Harsher penalties for dangerous dog owners whose pets are involved in violent attacks – The Independent

Posted October 16th, 2013 in bills, consultations, dogs, imprisonment, news, penalties by sally

“The owners of dangerous dogs involved in violent attacks could face similar penalties to those found guilty of causing death by dangerous driving, Home Office Minister Norman Baker has said.”

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The Independent, 15th October 2013

Source: www.independent.co.uk

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Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms – OUT-LAW.com

Posted October 11th, 2013 in employment, employment tribunals, news, penalties by sally

“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”

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OUT-LAW.com, 10th October 2013

Source: www.out-law.com

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Significant changes to corporate crime regime on the way as National Crime Agency launches – OUT-LAW.com

Posted October 9th, 2013 in bribery, corruption, fraud, news, ombudsmen, penalties, whistleblowers by sally

“US-style incentives for whistleblowers against corporate fraud, bribery and corruption offences could be introduced in the UK following the launch of the new National Crime Agency (NCA), an expert has said.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

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Instant Justice – BBC Unreliable Evidence

Posted October 3rd, 2013 in cautions, crime, news, penalties, police, victims by sally

“The widespread use of on-the-spot fines, fixed penalties, cautions and other ‘out of court disposals’ has raised concerns that the criminal justice system is being undermined.”

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BBC Unreliable Evidence, 2nd October 2013

Source: www.bbc.co.uk

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