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

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.’

Full story, 17th June 2014


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


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.’

Full story

Home Office, 13th May 2014


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.’

Full story

BBC News, 13th May 2014


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.’

Full text

Home Office, 6th May 2014


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.’

Full story

Sports Law Bulletin from Blackstone Chambers, 10th March 2014


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


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.’

Full story (Word)

Six Pump Court, 29th January 2014


Court interpreting firm Capita fined thousands – BBC News

Posted January 22nd, 2014 in courts, interpreters, news, penalties by sally

‘A private company which provides court interpreters in England and Wales has lost thousands of pounds in penalties for its poor performance.’

Full story

BBC News, 22nd January 2014


European Commission v Portuguese Republic (Czech Republic and others intervening) – WLR Daily

Posted January 17th, 2014 in EC law, jurisdiction, law reports, penalties by sally

European Commission v Portuguese Republic (Czech Republic and others intervening) (Case C-292/11 P); [2014] WLR (D) 3

‘In the case where, in the context of verification of compliance with a judgment delivered by the Court of Justice pursuant to article 260FEU of the FEU Treaty, a difference arose between the European Commission and the member state concerned as to whether national legislation or a national practice which the Court of Justice had not examined beforehand was appropriate for ensuring compliance with that judgment, the commission could not, by adopting a decision, resolve such a difference itself and draw from this the necessary inferences for the calculation of the penalty payment.’

WLR Daily, 15th January 2014


Costs judge refuses relief despite “qualms” over sanction – Litigation Futures

Posted January 15th, 2014 in appeals, costs, news, penalties, practice directions by tracey

‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’

Full story

Litigation Futures, 14th January 2014


Radical overhaul of sentencing continues – Ministry of Justice

Posted December 3rd, 2013 in community service, news, penalties, sentencing by sally

‘From this month community sentences will have to include an element of punishment, as the radical overhaul of sentencing continues Justice Secretary Chris Grayling said today.’

Full story

Ministry of Justice, 2nd December 2013


Government to legislate to cap the cost of payday loans –

‘The Government will introduce legislation to cap the cost of payday loans to borrowers, the Chancellor of the Exchequer has announced.’

Full story, 27th November 2013


The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

Full story

Panopticon, 21st November 2013


Doctors, nurses and managers to face five years in jail if they neglect patients – The Guardian

“Doctors, nurses and NHS managers will face up to five years in jail if they are found to have wilfully neglected or mistreated patients under a new law aimed at stopping a repeat of the Mid Staffordshire hospital scandal.”

Full story

The Guardian, 16th November 2013


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

Posted November 14th, 2013 in cautions, consultations, penalties, press releases by tracey

“This consultation paper outlines the existing out of court disposals (OOCDs) landscape and provides an opportunity for the public and practitioners to share their thoughts and experiences of OOCDs and their use, and consider how they might be reformed.”

Full press release

Attorney General’s Office, 14th November 2013


Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime –

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

Full story, 13th November 2013


Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings

Posted October 30th, 2013 in appeals, costs, dispute resolution, news, penalties by sally

“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”

Full story (PDF)

11 Stone Buildings, October 2013


The Sinister Side of Restorative Justice – Criminal Law and Justice Weekly

Posted October 29th, 2013 in costs, fines, news, penalties, rehabilitation, restorative justice by sally

“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”

Full story

Criminal Law and Justice Weekly, 26th October 2013


Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

Full story

Panopticon, 22nd October 2013