Lord Chief Justice: Community service is not tough enough and needs to be a more visible punishment – Daily Telegraph

Posted December 1st, 2016 in community service, judges, news, penalties, prisons, rehabilitation, sentencing by sally

‘Community service is not tough enough and needs to be a more visible punishment, Britain’s most senior judge has suggested as he says offenders view non-jail sentences as “getting off” free.’

Full story

Daily Telegraph, 30th November 2016

Source: www.telegraph.co.uk

First-time phone-use drivers face points – BBC News

Posted November 9th, 2016 in consultations, fines, news, penalties, road traffic offences, telecommunications by sally

‘Drivers in England, Scotland and Wales caught using a mobile phone for the first time will automatically receive penalty points, under government plans.’

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BBC News, 9th November 2016

Source: www.bbc.co.uk

Tax avoidance enablers to face tough new penalties – HM Revenue and Customs

Posted August 18th, 2016 in accountants, consultations, fines, penalties, press releases, tax avoidance by tracey

‘Accountants, tax planners and advisers who provide advice on how to avoid tax will face tough penalties under new proposals being consulted on by the government, Financial Secretary to the Treasury Jane Ellison announced today.’

Full press release

HM Revenue and Customs, 17th August 2016

Source: https://www.gov.uk/government/organisations/hm-revenue-customs

Offline conveyancers could face stamp duty penalties – Law Society’s Gazette

‘Solicitors could face penalties for not filing stamp duty returns online, under proposed government reforms to the conveyancing process.’

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Law Society’s Gazette, 15th August 2016

Source: www.lawgazette.co.uk

Can several wrongs make a right? Gallaher v CMA in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted July 29th, 2016 in competition, news, penalties, price fixing by tracey

‘When a public body makes a mistake in its treatment of one person, can fairness require it to treat other people in the same way – even if that means amplifying the effects of the mistake?’

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Competition Bulletin from Blackstone Chambers, 27th July 2016

Source: www.competitionbulletin.com

Buyer beware – Hardwicke Chambers

Posted July 26th, 2016 in damages, deposits, misrepresentation, news, penalties, rescission, sale of land by sally

‘William Griffiths QC is a successful silk but was the unsuccessful defendant in the widely reported case of Hardy v Griffiths [2014]. Mr and Mrs Griffiths had exchanged contracts with the claimant, Mr Hardy, to buy Laughton Manor for £3.6m and paid £150,000 on account of the 10% deposit, the contract incorporating the Standard Conditions of Sale (SCS).’

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Hardwicke Chambers, 25th July 2016

Source: www.hardwicke.co.uk

Trade in so-called ‘legal highs’ now illegal – Home Office

Posted June 2nd, 2016 in drug offences, legislation, news, penalties by sally

‘Unscrupulous dealers in psychoactive substances face up to 7 years in prison as the trade becomes illegal today (Thursday 26 May).’

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Home Office, 26th May 2016

Source: www.gov.uk/home-office

Jailed for false retraction, rape victim to challenge reduced compensation – The Guardian

‘A woman who was jailed for falsely retracting a true allegation of rape is to challenge the compensation awarded to her by a tribunal.’

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The Guardian, 30th May 2016

Source: www.guardian.co.uk

Watchdog to ban penalties for savers accessing pensions – Daily Telegraph

Posted May 26th, 2016 in fees, financial regulation, news, penalties, pensions by tracey

Penal charges applying to people who want to access their retirement savings are to be banned by the City watchdog, the Financial Conduct Authority.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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”.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

The Guardian, 23rd September 2015

Source: www.guardian.co.uk