Not So Alarming – Nearly Legal

‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

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Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take

Posted March 19th, 2015 in news, penalties, tax avoidance, tribunals by sally

‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’

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RPC Tax Take, 18th March 2015

Source: www.rpc.co.uk

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Monetary Penalty Notices – Thirty Nine Essex Street

Posted March 18th, 2015 in data protection, news, penalties by sally

‘The purpose of this paper is to provide an introduction to monetary penalty notices. The law is complex and you cannot assume that the ICO has got it right, even though they have published guidance for themselves to follow.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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European Commission fines broker in Libor cartel case – Zenith Chambers

Posted March 18th, 2015 in competition, EC law, fines, interest, news, penalties, regulations by sally

‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’

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Zenith Chambers, 6th February 2015

Source: www.zenithchambers.co.uk

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High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, news, penalties, smoking, time limits, tribunals by sally

‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’

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Zenith Chambers, 2nd February 2015

Source: www.zenithchambers.co.uk

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Judge expresses anger at “flagrant non-compliance” with Commercial Court rules on pleadings – Litigation Futures

Posted February 23rd, 2015 in barristers, codes of practice, costs, fraud, news, penalties, pleadings, time limits by sally

‘A High Court judge has handed out a tongue-lashing and a costs penalty over a party’s failure to stick to the rules governing the length and content of statements of claim laid down in the Commercial Court Guide.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

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José Mourinho fined £25,000 for alleging ‘campaign’ against Chelsea – The Guardian

Posted January 28th, 2015 in fines, media, news, penalties, professional conduct, regulations, sport by tracey

‘José Mourinho has been fined £25,000 and warned as to his future conduct by the Football Association after claiming a “campaign” was being mounted against Chelsea in the wake of last month’s draw at Southampton, though the manager has avoided a touchline ban for the comments.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Jail those convicted of illegal blood sports, campaigners say – The Guardian

Posted November 18th, 2014 in hunting, imprisonment, news, penalties, reports, sentencing by sally

‘Hunters should face prison sentences for illegal blood sports, be banned from sending dogs underground and prevented from escaping prosecution by claiming that kills are accidental, according to animal welfare campaigners.’

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The Guardian, 18th November 2014

Source: www.guardian.co.uk

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Dropped Pringles lid costs Bristol man almost £500 – BBC News

Posted November 10th, 2014 in costs, fines, litter, news, penalties by sally

‘A man has been ordered to pay almost £500 in fines and costs for dropping a snack lid on the ground in Bristol.’

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BBC News, 7th November 2014

Source: www.bbc.co.uk

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

Posted November 7th, 2014 in cautions, consultations, drug offences, penalties, police by tracey

‘The response to the joint government and police consultation on Out of Court Disposals (OOCD) sets out plans for a streamlined and more effective system.’

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Attorney General’s Office, 3rd November 2014

Source: www.gov.uk/ago

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High Court: making defendant pay 10% more for rejecting part 36 offer would add “penal element” – Litigation Futures

Posted August 13th, 2014 in civil procedure rules, costs, injunctions, news, part 36 offers, penalties by sally

‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’

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Litigation Futures, 13th August 2014

Source: www.litigationfutures.com

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Tougher penalties urged for people who name rape victims on social media – The Guardian

Posted July 10th, 2014 in anonymity, internet, news, penalties, privacy, select committees, victims by sally

‘Tougher penalties may be needed to deal with Twitter and Facebook users who are “deliberately naming and abusing” rape victims online, a legal adviser to the Crown Prosecution Service has said.’

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The Guardian, 9th July 2014

Source: www.guardian.co.uk

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EAT: clause in contract deducting a month’s pay for failure to work notice not an unenforceable ‘penalty clause’ – OUT-LAW.com

Posted June 20th, 2014 in contract of employment, news, penalties, remuneration by tracey

‘A clause in a contract of employment permitting an employer to deduct one month’s pay in respect of a departing employee’s failure to work her notice period was not a “penalty clause”, and was therefore enforceable, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 17th June 2014

Source: www.out-law.com

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Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by tracey

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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Dangerous dogs: owners face tougher sentences for attacks – Home Office

Posted May 13th, 2014 in dogs, news, penalties, sentencing by sally

‘Irresponsible dog owners who allow their dog to attack people or assistance dogs will face tougher prison sentences from today.’

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Home Office, 13th May 2014

Source: www.gov.uk/home-office

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Dog attacks to be punished with longer jail terms for owners – BBC News

Posted May 13th, 2014 in dogs, imprisonment, news, penalties, sentencing by sally

‘Tougher penalties have come into force for dog owners in England and Wales who allow their pets to attack people.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk

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Draft codes of practice for employers on preventing illegal working and avoiding discrimination during recruitment – Home Office

‘The draft codes of practice on preventing illegal working and avoiding unlawful discrimination while preventing illegal working have been laid in Parliament on Tuesday 6 May 2014 pursuant to section 19 and section 23 respectively of the Immigration, Asylum and Nationality Act 2006. They update the codes issued in February 2008.’

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Home Office, 6th May 2014

Source: www.gov.uk/home-office

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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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