New penalties proposed for rule-breaking MPs – BBC News
‘MPs could be banned from foreign trips or made to take anger management classes under a proposed revamp of Parliament’s sanctions regime.’
BBC News, 21st July 2020
Source: www.bbc.co.uk
Category: penalties
Penalised for parking on your own land – Law Society’s Gazette
‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’
Law Society's Gazette, 6th July 2020
Source: www.lawgazette.co.uk
Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer
‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’
Local Government Lawyer, 11th June 2020
Source: www.localgovernmentlawyer.co.uk
BAME people fined more than white population under coronavirus laws – The Guardian
‘Black, Asian and minority ethnic people in England are 54% more likely to be fined under coronavirus rules than white people, it can be revealed.’
The Guardian, 26th May 2020
Source: www.theguardian.com
Fixed penalty notice for breach of lockdown: notifying the SRA – Law Society’s Gazette
‘Solicitors are not immune from receiving fixed penalty notices for breach of lockdown restrictions, which raises the entirely new question of whether that is reportable to the SRA. Ordinarily the SRA is not overly interested in fixed penalty notices but these are not ordinary times.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer
‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer
‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
Denton Resource – St John’s Chambers
‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’
St John's Chambers, 10th February 2020
Source: www.stjohnschambers.co.uk
Fly-tipping: Organised crime behind large rise – BBC News
‘Organised criminal gangs are being blamed for the continued rise of large fly-tipping incidents across England.’
BBC News, 13th February 2020
Source: www.bbc.co.uk
Divorcing couples: beware the capital gains tax trap – OUT-LAW.com
‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’
OUT-LAW.com, 8th October 2019
Source: www.pinsentmasons.com
UK fine issued for breach of CMA initial enforcement order – OUT-LAW.com
‘A payments provider that breached an order to stop the integration of its UK business with a rival until a full merger investigation could be carried out has been fined £250,000 by the Competition and Markets Authority (CMA).’
OUT-LAW.com, 26th September 2019
Source: www.pinsentmasons.com
Company boss fined £1,000 for knocking over cyclist in Mercedes then driving away – The Independent
‘The owner of an exclusive company that recruits household staff for wealthy clients has been fined nearly £1,000 for knocking over a cyclist and driving away.’
The Independent, 15th August 2019
Source: www.independent.co.uk
Prosecutions against unsafe care homes and hospitals rise by one third – Daily Telegraph
‘Prosecutions and other criminal enforcement actions against unsafe care homes and NHS hospitals have risen a third in a year, amid warnings of a growing crisis.’
Daily Telegraph, 26th July 2019
Source: www.telegraph.co.uk
CA threatens costs penalty for non-compliant authority bundles – Litigation Futures
‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’
Litigation Futures, 22nd July 2019
Source: www.litigationfutures.com
City regulator bans high overdraft fees to reform ‘dysfunctional’ market – The Guardian
‘The City regulator has accused UK banks of causing “significant harm” to their most vulnerable customers as it pushes ahead with a ban on excessive overdraft fees.’
The Guardian, 7th June 2019
Source: www.theguardian.com
Deposit penalties. How many breaches is too many?- Nearly Legal
‘A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a claim could be brought for a number of tenancies at once. This was a county court appeal to a circuit judge on exactly what counted as a claimable breach, and how many could be claimed per tenancy.’
Nearly Legal, 3rd June 2019
Source: nearlylegal.co.uk
Tribunal confirms surcharge on pension liberation scheme user – OUT-LAW.com
‘An unauthorised payment surcharge imposed on an individual who participated in a pension liberation scheme was confirmed by the tax tribunal as it said the individual had not acted reasonably in entering into the scheme.’
OUT-LAW.com, 29th May 2019
Source: www.out-law.com
Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer
‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’
Local Government Lawyer, 26th April 2019
Source: www.localgovernmentlawyer.co.uk
Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers
‘Crystal Palace FC’s Wilfried Zaha is one of the fastest players in the Premier League. He is also one of the most fouled. After a number of serious challenges in a match at Southampton at the end of January, Zaha was booked for his reaction to a player who had just pushed him over the touchline. He sarcastically applauded the referee in response to the yellow card, which was then followed immediately with a second yellow and therefore a red. As he left the field, Zaha sarcastically applauded the referee again, on more than one occasion, and did so “theatrically” according to the Football Association (FA). This led to him being charged with misconduct outside the jurisdiction of the match referee.’
Blackstone Chambers, 28th February 2019
Source: www.sportslawbulletin.org
Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square
‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’
4 New Square, 5th March 2019
Source: www.4newsquare.com
