‘Tougher penalties may be needed to deal with Twitter and Facebook users who are “deliberately naming and abusing” rape victims online, a legal adviser to the Crown Prosecution Service has said.’
The Guardian, 9th July 2014
Source: www.guardian.co.uk
‘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.’
OUT-LAW.com, 17th June 2014
Source: www.out-law.com
‘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
Source: www.iclr.co.uk
‘Irresponsible dog owners who allow their dog to attack people or assistance dogs will face tougher prison sentences from today.’
Home Office, 13th May 2014
Source: www.gov.uk/home-office
‘Tougher penalties have come into force for dog owners in England and Wales who allow their pets to attack people.’
BBC News, 13th May 2014
Source: www.bbc.co.uk
‘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.’
Home Office, 6th May 2014
Source: www.gov.uk/home-office
‘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.’
Sports Law Bulletin from Blackstone Chambers, 10th March 2014
Source: www.sportslawbulletin.org
‘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
Source: www.iclr.co.uk
‘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
Source: www.6pumpcourt.co.uk
‘A private company which provides court interpreters in England and Wales has lost thousands of pounds in penalties for its poor performance.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
‘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
Source: www.iclr.co.uk
‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’
Litigation Futures, 14th January 2014
Source: www.litigationfutures.com
‘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.’
Ministry of Justice, 2nd December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
‘The Government will introduce legislation to cap the cost of payday loans to borrowers, the Chancellor of the Exchequer has announced.’
OUT-LAW.com, 27th November 2013
Source: www.out-law.com
‘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”).’
Panopticon, 21st November 2013
Source: www.panopticonblog.com
“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.”
The Guardian, 16th November 2013
Source: www.guardian.co.uk
“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.”
Attorney General’s Office, 14th November 2013
Source: www.gov.uk/ago
“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.”
OUT-LAW.com, 13th November 2013
Source: www.out-law.com
“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
Source: www.11sb.com
“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”
Criminal Law and Justice Weekly, 26th October 2013
Source: www.criminallawandjustice.co.uk
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