Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog

‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’

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UKSC Blog, 8th March 2023


Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021


Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers

Posted April 20th, 2020 in chambers articles, demonstrations, news, strict liability, terrorism by sally

‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’

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Park Square Barristers, 9th April 2020


Prosecuting Parents of Children Who Have Missed School – Restorative Justice

‘It is a parent’s duty to ensure that from the ages of 5-18 years old, their children are in full-time education and attend school or college regularly. Most parents, of course, want their children to attend school, to be happy to do so, and to benefit from what school offers. But that is evidently not the case for every child. In England and Wales, the offence of truancy is committed by parents or carers of school age children whose children have not attended school regularly. Surprisingly, it is a strict liability offence – Section 7 of the Education Act 1996 sets out a parental duty to secure the efficient education of children by ensuring the child’s regular attendance at school or otherwise. If the child fails to attend school regularly the parent is guilty of an offence. Under Subsection 444 (1) the offence is strict liability; the parent is guilty even if he did not know that the child has missed school. If, for example, the child was living with her grandmother and missed school, the child’s parents would be liable for prosecution for their child’s truancy, even if they did not know she was missing school. Under Subsection 444 (1A) there is a further offence if the parent knew about the child’s absence and failed to act.’

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Restorative Justice, March 2019


Information exchanges driving up serious tax evasion cases –

‘The number of serious tax evasion cases identified by HM Revenue and Customs (HMRC) increased by over one fifth last year, as HMRC has begun to receive more information about taxpayers with offshore bank accounts.’

Full Story, 30th May 2018


Robots might have ‘electronic persons’ status under future EU laws –

Posted February 20th, 2017 in computer programs, EC law, news, strict liability by sally

‘Advanced robots of the future could be given their own legal status under plans MEPs have asked EU policy makers to consider.’

Full story, 20th February 2017


Of sink holes and strict liability – Nearly Legal

‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’

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Nearly Legal, 6th March 2016


Civil Restraint Orders in IPEC: Perry v Brundle – NIPC Law

‘This case note discusses the power of a judge of the Intellectual Property Enterprise Court to make an extended civil restraint order under para 3.2 (1) (b).’

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NIPC Law, 12th Ocotber 2015


Companies aiding tax evaders will be criminally liable – The Guardian

Posted March 20th, 2015 in accountants, banking, news, strict liability, tax evasion by tracey

‘Banks and accountants that aid tax evasion will face criminal penalties under plans unveiled by the government. A new offence of corporate failure to prevent evasion is being created to address those who assist dodging. Such offenders could also be “named and shamed” alongside the evaders themselves.’

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The Guardian, 19th March 2015


Expert questions UK chancellor’s proposed ‘strict liability’ criminal offence for taxable funds held offshore –

Posted April 15th, 2014 in fines, imprisonment, news, proportionality, strict liability, tax evasion by tracey

‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’

Full story, 14th April 2014


Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities –

Posted February 17th, 2014 in environmental protection, news, strict liability, waste by sally

‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘

Full story, 14th February 2014


Regina v Robinson-Pierre [2013] EWCA Crim 2396 – WLR Daily

Posted January 16th, 2014 in appeals, dogs, law reports, strict liability by tracey

Regina v Robinson-Pierre [2013] EWCA Crim 2396;   [2013] WLR (D)  517

‘An offence of allowing a dog to be dangerously out of control in a public place, contrary to section 3(1) of the Dangerous Dogs Act 1991, was a strict liability offence but nevertheless required proof by the prosecution of an act or omission on the part of the defendant (with or without fault) that to some (more than minimal) degree caused or permitted that prohibited state of affairs to come about.’

WLR Daily, 20th December 2014


Charter for rogue bosses’ comes into force – Litigation Futures

Posted October 2nd, 2013 in employment, health & safety, negligence, news, personal injuries, strict liability by tracey

“The controversial section 69 of the Enterprise and Regulatory Reform Act 2013 – which removes strict liability for breaches of certain health and safety regulations – has come into force today.”

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Litigation Futures, 1st October 2013


The last gasp for strict liability? – Hardwicke Chambers

Posted August 22nd, 2013 in bills, employment, news, personal injuries, sport, strict liability by sally

“With the Government’s amendment to the Enterprise Bill 2013 due to abolish strict liability in employers’ claims, it seems that certain Courts were ahead of the pack in seeking to mitigate what they saw as the potentially unfair consequence of construing the Regulations too strictly against quasi-employers.”

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Hardwicke Chambers, 9th August 2013


Gambling operators face losing their licence for failure to abide by new ‘place of consumption’ tax regime –

Posted August 21st, 2013 in advertising, corporation tax, gambling, internet, licensing, news, strict liability by sally

“Gambling operators could lose their licence to advertise and trade in Great Britain if they fail to comply with a new tax regime where liability for UK tax is based on the location of the customer rather than the gambling operator.”

Full story, 20th August 2013


Should the CPS Give Press Conferences? – Criminal Law and Justice Weekly

“Do CPS press conferences after charge risk prejudicing a trial, asks Dan Bunting.”

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Criminal Law and Justice Weekly, 10th August


Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective – UK Constitutional Law Group

“The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. This has not prevented courts in some jurisdictions considering how they might ‘legalise’ assisted suicide without really legalising it. In doing so, they have raised manifold challenges in the minds of administrative and constitutional lawyers, including, in some jurisdictions, whether the prohibition on assisted suicide is itself constitutional, such as Rodriguez in Canada, Fleming in Ireland and Pretty in the ECtHR.”

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UK Constitutional Law Group, 7th August 2013


Solvent or insolvent: the Supreme Court lays down the test for s123 of IA 1986 – 11 Stone Buildings

“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”

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11 Stone Buildings, 13th May 2013


Health and safety automatic civil liability to end as House of Lords accepts Government’s plans –

Posted April 26th, 2013 in bills, health & safety, news, parliament, strict liability by tracey

“The House of Lords has approved Government plans to prevent companies from being
automatically liable for some workplace injuries after a second vote on the

Full story, 24th April 2013


Trial by Google? Juries, social media and the internet – Attorney General’s Office

Posted February 8th, 2013 in contempt of court, freedom of expression, internet, juries, news, strict liability by sally

“Attorney General Dominic Grieve QC MP speaks of the challenge to jury trial posed by the internet. Originally given at University of Kent.”

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Attorney General’s Office, 6th February 2013