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.’

Full Story

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.’

Full Story

Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

BAME people fined more than white population under coronavirus laws – The Guardian

Posted May 27th, 2020 in coronavirus, fines, news, penalties, police, statistics, stop and search by sally

‘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.’

Full Story

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.’

Full Story

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

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Fly-tipping: Organised crime behind large rise – BBC News

Posted February 13th, 2020 in gangs, local government, news, penalties, waste by tracey

‘Organised criminal gangs are being blamed for the continued rise of large fly-tipping incidents across England.’

Full Story

BBC News, 13th February 2020

Source: www.bbc.co.uk

Divorcing couples: beware the capital gains tax trap – OUT-LAW.com

Posted October 10th, 2019 in capital gains tax, divorce, matrimonial home, news, penalties, sale of land, time limits by tracey

‘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.’

Full Story

OUT-LAW.com, 8th October 2019

Source: www.pinsentmasons.com

UK fine issued for breach of CMA initial enforcement order – OUT-LAW.com

Posted September 26th, 2019 in competition, electronic commerce, mergers, news, penalties by tracey

‘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).’

Full Story

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.’

Full Story

The Independent, 15th August 2019

Source: www.independent.co.uk

Prosecutions against unsafe care homes and hospitals rise by one third – Daily Telegraph

Posted July 29th, 2019 in care homes, hospitals, news, penalties, prosecutions by sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

The Guardian, 7th June 2019

Source: www.theguardian.com

Deposit penalties. How many breaches is too many?- Nearly Legal

Posted June 4th, 2019 in damages, deposits, housing, landlord & tenant, news, penalties by sally

‘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.’

Full Story

Nearly Legal, 3rd June 2019

Source: nearlylegal.co.uk

Tribunal confirms surcharge on pension liberation scheme user – OUT-LAW.com

Posted May 30th, 2019 in HM Revenue & Customs, loans, news, penalties, pensions, taxation by tracey

‘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.’

Full Story

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.’

Full Story

Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers

Posted March 14th, 2019 in appeals, disciplinary procedures, fines, news, penalties, sport by sally

‘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.’

Full Story

Blackstone Chambers, 28th February 2019

Source: www.sportslawbulletin.org

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘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.’

Full Story

4 New Square, 5th March 2019

Source: www.4newsquare.com

Autism charity escapes prosecution over care home bullying – The Guardian

Posted March 8th, 2019 in autism, bullying, care homes, news, penalties, prosecutions by sally

‘A charity that ran a care home where autistic people were taunted, bullied and humiliated by staff has escaped prosecution over its failings.’

Full Story

The Guardian, 7th March 2019

Source: www.theguardian.com