Robots might have ‘electronic persons’ status under future EU laws – OUT-LAW.com

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

OUT-LAW.com, 20th February 2017

Source: www.out-law.com

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.’

Full story

Nearly Legal, 6th March 2016

Source: www.nearlylegal.co.uk/blog/

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).’

Full story

NIPC Law, 12th Ocotber 2015

Source: www.nipclaw.blogspot.co.uk

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.’

Full story

The Guardian, 19th March 2015

Source: www.guardian.co.uk

Expert questions UK chancellor’s proposed ‘strict liability’ criminal offence for taxable funds held offshore – OUT-LAW.com

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

OUT-LAW.com, 14th April 2014

Source: www.out-law.com

Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com

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

OUT-LAW.com, 14th February 2014

Source: www.out-law.com

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

Source: www.iclr.co.uk

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.”

Full story

Litigation Futures, 1st October 2013

Source: www.litigationfutures.com

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.”

Full story

Hardwicke Chambers, 9th August 2013

Source: www.hardwicke.co.uk

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

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

OUT-LAW.com, 20th August 2013

Source: www.out-law.com

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

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

Full story

Criminal Law and Justice Weekly, 10th August

Source: www.criminallawandjustice.co.uk

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.”

Full story

UK Constitutional Law Group, 7th August 2013

Source: www.ukconstitutionallaw.org

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.”

Full story (PDF)

11 Stone Buildings, 13th May 2013

Source: www.11sb.com

Health and safety automatic civil liability to end as House of Lords accepts Government’s plans – OUT-LAW.com

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
issue.”

Full story

OUT-LAW.com, 24th April 2013

Soure: www.out-law.com

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.”

Full story

Attorney General’s Office, 6th February 2013

Source: www.gov.uk/ago

Injured workers face tougher battle for compensation under government plans – The Guardian

“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”

Full story

The Guardian, 8th November 2012

Source: www.guardian.co.uk

Workers’ rights on health and safety to be scaled down – The Independent

“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”

Full story

The Independent, 3rd November 2012

Source: www.independent.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Strict liability for offence of under-age sex does not offend presumption of innocence – UK Human Rights Blog

Posted September 29th, 2011 in age of consent, human rights, news, sexual offences, strict liability by sally

“The Strasbourg Court has rejected as manifestly ill-founded a complaint that the offence of strict liability for rape of a child under 13 violated the right to a presumption if innocence under Article 6 and respect for private life under Article 8.”

Full story

UK Human Rights Blog, 28th September 2011

Source: www.ukhumanrightsblog.com

Smith v Northamptonshire County Council – WLR Daily

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.