Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com

Closing the Gap: Will the gender pay gap information Regulations bring about equality? – Cloisters

Posted February 22nd, 2016 in employment, equality, gender, news, penalties, remuneration, sex discrimination, statistics, women by sally

‘On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will affect some 8,000 businesses. This means that it finally implemented s.78 of the Equality Act 2010 (“EqA”), the section enabling the Secretary of State to make Regulations concerning equal pay audits. (The gender reporting implemented by these Regulations is not be confused with the compulsory audits ordered by ETs under s. 139A of the EqA). Section 78 was shunted sideways in 2010, then revived following pressure from the Lib Dems in the Coalition and Mind the Pay Gap, the campaign launched by Grazia magazine. And you thought Grazia was all about clothes and celebrities…’

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Cloisters, 15th February 2016

Source: www.cloisters.com

High Court penalises party over non-compliant expert evidence and excessive bundles – Litigation Futures

Posted February 2nd, 2016 in case management, costs, expert witnesses, news, penalties by sally

‘The High Court has issued a costs penalty to a claimant that included material in expert evidence that it was not meant to and also flooded a preliminary hearing with unnecessary bundles.’

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Litigation Futures, 28th January 2016

Source: www.litigationfutures.com

Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine – RPC Built Environment

Posted January 13th, 2016 in contracts, damages, news, parking, penalties by sally

‘The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the “penalty rule” but further limiting its utility in a commercial setting. In the adjoined appeals of Cavendish Square Holding v Talal El Makdessi and ParkingEye Limited v Beavis the Supreme Court created a new authority for consideration of the penalty rule doctrine, termed by Lordships Neuberger and Sumption to be “an ancient, haphazardly constructed edifice which has not weathered well”.’

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RPC Built Environment, 6th January 2016

Source: www.rpc.co.uk

Motorist with 51 points escapes driving ban – Daily Telegraph

Posted January 8th, 2016 in disqualification, driving licences, news, penalties, road traffic offences by tracey

‘A motorist with 51 penalty points – more than four times the permitted maximum – on their licence is still allowed on the road, it has been revealed. The driver, based in Oxford, is one of three in the UK with more than 40 points on their licence who have not been disqualified. The information was released by the Driver and Vehicle Licensing Agency (DVLA) following a Freedom of Information request from the Institute of Advanced Motorists (IAM). It also shows that 3 million of the 45 million licence holders in the UK carry penalty points, of which 13 have accumulated 28 or more.’

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Daily Telegraph, 7th January 2015

Source: www.telegraph.co.uk

CA: Courts must consider “all the circumstances” before imposing part 36 penalties – Litigation Futures

Posted January 5th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers, penalties by sally

‘Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled.’

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Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

Penalty Clauses – New Square Chambers

Posted December 9th, 2015 in contracts, news, penalties by sally

‘On 4 November 2015 the Supreme Court handed down a judgment in relation to penalty clauses in a contract – Cavendish Square Holding BV v Makdessi [2015] UKSC 67, a judgment of 124 pages before a panel of seven Justices. This was the first time that this Court or the House of Lords had considered such an issue for a century. Some commentators describe this judgment as, in effect, a complete re-writing of the relevant law. Others may call it merely a change, albeit an important change, of emphasis.’

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New Square Chambers, 1st December 2015

Source: www.newsquarechambers.co.uk

After Cavendish Square/ParkingEye, is it more or less likely to be a penalty? – Employment Law Blog

Posted November 25th, 2015 in appeals, news, parking, penalties, Supreme Court by sally

‘Reports of the decision of the Supreme Court in the joined appeals in Cavendish Square and ParkingEye left me confused because some reckoned the decision represented a narrowing of the application of the penalty doctrine whilst others considered it had expanded the doctrine’s scope. So on a wet weekend afternoon I took hold of a copy of the Judgment – [2015] UKSC 67- and tasked myself to find out. Here is what I found.’

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Employment Law Blog, 23rd November 2015

Source: www.employment11kbw.com

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

Charities should face fundraising ban if they harass donors – report – The Guardian

Posted September 23rd, 2015 in charities, data protection, financial regulation, harassment, news, penalties by sally

‘Charities that harass or abuse donors should be named and shamed, and in some cases banned from approaching the public for money, a government-commissioned review of fundraising has recommended.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

Rogue landlords should face jail terms to deter them from taking advantage of renters, say national bodies – The Independent

Posted September 21st, 2015 in landlord & tenant, local government, news, penalties, sentencing by sally

‘Rogue landlords should face harsher consequences, including jail terms, to deter them from taking advantage of “vulnerable” renters, national bodies have said.’

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The Independent, 19th September 2015

Source: www.independent.co.uk

CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers

Posted September 4th, 2015 in compensation, competition, news, penalties by sally

‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’

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Zenith Chambers, 18th August 2015

Source: www.zenithchambers.co.uk

‘National living wage’ dodgers face higher penalties – The Guardian

Posted September 1st, 2015 in company directors, disqualification, employment, fines, news, penalties, remuneration by sally

‘Employers who fail to pay the new “national living wage” face increased fines under a crackdown on non-compliance announced by David Cameron.’

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The Guardian, 1st September 2015

Source: www.guardian.co.uk

Making sense of deposits. Nearly. – Nearly Legal

Posted August 25th, 2015 in deposits, housing, landlord & tenant, news, penalties by sally

‘It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants.’
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Nearly Legal, 24th August 2015

Source: www.nearlylegal.co.uk

The Round-up: Controversy over the Courts Charge and Serdar Mohammed – UK Human Rights Blog

‘The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the innocent to plead guilty”. The mandatory charge of up to £1,200 is imposed on those who admit committing minor misdemeanours, regardless of their circumstances.’

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UK Human Rights Blog, 10th August 2015

Sorce: www.ukhumanrightsblog.com

Magistrates resign over court charges that encourage innocent to plead guilty – The Guardian

Posted August 3rd, 2015 in benefits, courts, criminal justice, guilty pleas, magistrates, news, penalties by sally

‘Magistrates have begun to resign in protest at punitive court charges of up to £1,200 that they claim can never be collected and encourage the innocent to plead guilty.’
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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Businesses team up to battle English laws on penalties dating back to Magna Carta – The Independent

Posted July 24th, 2015 in contracts, fines, news, parking, penalties, Supreme Court by sally

‘Lawyers are in a legal slug-fest in the Supreme Court trying to determine if the English law on penalties has any place in the modern commercial world.’

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The Independent, 23rd July 2015

Source: www.independent.co.uk

Relief from Sanctions in the Family Courts – Family Law Week

Posted June 19th, 2015 in children, civil procedure rules, costs, delay, news, penalties by tracey

‘Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.’

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Family Law Week, 14th June 2015

Source: www.familylawweek.co.uk

Anti-vivisection activists win right to legal challenge over how Home Office investigated the care of animals at leading research institution – The Independent

‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’

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The Independent, 17th May 2015

Source: www.independent.co.uk