Firms fined thousands for employing illegal staff – BBC News
‘Three Essex companies have been fined thousands of pounds by the Home Office for employing illegal workers.’
BBC News, 3rd September 2024
Source: www.bbc.co.uk
Category: penalties
Court hits claimant who pitched up with ‘unrealistic’ budget – Law Society’s Gazette
‘A clinical negligence claimant who saw their unrealistic costs budget slashed cannot claim for the costs of sorting out the argument, a court has ruled.’
Law Society’s Gazette, 23rd August 2024
Source: www.lawgazette.co.uk
Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers
‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’
Falcon Chambers, 4th July 2024
Source: www.falcon-chambers.com
Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer
‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’
Local Government Lawyer, 25th July 2024
Source: www.localgovernmentlawyer.co.uk
Stronger competition penalties prompt CMA policy review – OUT-LAW.com
‘The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).’
OUT-LAW.com, 22nd July 2024
Source: www.pinsentmasons.com
Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com
‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’
OUT-LAW.com, 11th June 2024
Source: www.pinsentmasons.com
Winning defendants lose out on 25% of costs after mediation refusal – Law Society’s Gazette
‘Successful county court defendants who had flatly rejected offers to mediate have been denied some of their costs as a penalty.’
Law Society's Gazette, 4th June 2024
Source: www.lawgazette.co.uk
DWP warns carers they could face greater penalties if they appeal against fines – The Guardian
‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’
The Guardian, 17th April 2024
Source: www.theguardian.com
Driver avoids six-month ban over ‘inadequate’ sign – BBC News
‘A driver who racked up 12 penalty points within seven days on the same stretch of road has avoided a potential six-month ban after a court heard the signage was “inadequate”.’
BBC News, 16th April 2024
Source: www.bbc.co.uk
The Lowe down – Nearly Legal
‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’
Nearly Legal, 1st April 2024
Source: nearlylegal.co.uk
Fitter working for Sharps takes legal action over employment rights – The Guardian
‘A fitter working for the furniture chain Sharps Bedrooms is taking legal action for better employment rights in a case that could open the door to improving conditions and pay for thousands of gig economy workers fitting kitchens, bathrooms and cupboards for big chains.’
The Guardian, 2nd January 2024
Source: www.theguardian.com
Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer
‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’
Local Government Lawyer, 9th November 2023
Source: www.localgovernmentlawyer.co.uk
The multiple deposit penalty claim question – yet again – Nearly Legal
‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’
Nearly Legal, 23rd October 2023
Source: nearlylegal.co.uk
Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers
‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’
Tanfield Chambers, 15th September 2023
Source: www.tanfieldchambers.co.uk
London borough accused appellants of fraud with “no adequate evidence”, tribunal finds – Local Government Lawyer
‘A London Tribunal has ordered a penalty charge notice (PCN) to be cancelled after finding the London Borough of Newham accused the appellants of forging defective PCNs “with no adequate evidence to support the allegation”.’
Local Government Lawyer, 2nd October 2023
Source: www.localgovernmentlawyer.co.uk
Women arrested at vigil for murdered Sarah Everard win Met Police payout and apology – The Indepdent
‘The Metropolitan Police are paying compensation to two women handcuffed and arrested at a vigil for Sarah Everard, murdered by police officer Wayne Couzens.’
The Independent, 14th September 2023
Source: www.independent.co.uk
Council appeal succeeds after Upper Tribunal finds landlord questioned during First Tier Tribunal hearing was wrong person – Local Government Lawyer
‘The Upper Tribunal has remitted a decision concerning the penalty for an unlicensed landlord to the First Tier Tribunal after it became apparent that the man thought to be the landlord in the First Tier Tribunal hearing was, in fact, the landlord’s father.’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk
Regulating Big Tech in the UK – Competition Bulletin
‘Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to impose conduct requirements and make “pro-competitive interventions” (“PCIs”) in relation to designated firms, and to impose hefty penalties for failure to comply; (2) to reform the existing competition law system, notably relating to merger controls, market inquiries and enforcement; and (3) to enhance consumer rights and enforcement. This post focusses on the first of these.’
Competition Bulletin, 17th May 2023
Source: competitionbulletin.com
William Hill let customer bet £23,000 in 20 minutes – BBC News
‘Three gambling firms owned by William Hill are to pay penalties of £19.2m for failing to protect consumers and weak anti-money laundering controls.’
BBC News, 28th March 2023
Source: www.bbc.co.uk
