penalties – Page 3 – Current Awareness

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by tracey

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

Posted January 14th, 2021 in company directors, enforcement notices, houses in multiple occupation, local government, news, penalties by tracey

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

The Self-Isolation Regulations: Implications for Employers – Henderson Chambers

Posted November 10th, 2020 in coronavirus, employment, health, news, penalties, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’

Henderson Chambers, 9th October 2020

Source: www.hendersonchambers.co.uk

Police report rise in Covid rule breaches in north of England – The Guardian

Posted October 13th, 2020 in coronavirus, news, penalties, police, regulations, statistics by sally

‘Reports of Covid-19 restrictions breaches have increased in parts of the north of England in the run-up to stricter local lockdowns being announced, with some councillors warning about “vexatious” false claims of neighbours breaking the rules.’

The Guardian, 12th October 2020

Source: www.theguardian.com

Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent

Posted October 6th, 2020 in children, doctors, fines, licensing, medical treatment, news, penalties by tracey

‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’

The Independent, 5th October 2020

Source: www.independent.co.uk

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

The Guardian, 30th September 2020

Source: www.theguardian.com

New penalties proposed for rule-breaking MPs – BBC News

Posted July 22nd, 2020 in codes of practice, disciplinary procedures, news, parliament, penalties, select committees by sally

‘MPs could be banned from foreign trips or made to take anger management classes under a proposed revamp of Parliament’s sanctions regime.’

BBC News, 21st July 2020

Source: www.bbc.co.uk

Penalised for parking on your own land – Law Society’s Gazette

Posted July 6th, 2020 in appeals, judicial review, news, parking, penalties, roads, statutory interpretation by sally

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

Posted June 12th, 2020 in appeals, housing, landlord & tenant, local government, London, news, penalties, tribunals by sally

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

BAME people fined more than white population under coronavirus laws – The Guardian

Posted May 27th, 2020 in coronavirus, fines, news, penalties, police, statistics, stop and search by sally

‘Black, Asian and minority ethnic people in England are 54% more likely to be fined under coronavirus rules than white people, it can be revealed.’

The Guardian, 26th May 2020

Source: www.theguardian.com

Fixed penalty notice for breach of lockdown: notifying the SRA – Law Society’s Gazette

Posted April 28th, 2020 in coronavirus, disciplinary procedures, news, penalties, solicitors, Solicitors Regulation Authority by sally

‘Solicitors are not immune from receiving fixed penalty notices for breach of lockdown restrictions, which raises the entirely new question of whether that is reportable to the SRA. Ordinarily the SRA is not overly interested in fixed penalty notices but these are not ordinary times.’

Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

Posted March 26th, 2020 in appeals, burden of proof, housing, landlord & tenant, local government, news, penalties, tribunals by sally

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Denton Resource – St John’s Chambers

Posted March 17th, 2020 in case management, chambers articles, civil procedure rules, news, penalties, sanctions by sally

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Fly-tipping: Organised crime behind large rise – BBC News

Posted February 13th, 2020 in gangs, local government, news, penalties, waste by tracey

‘Organised criminal gangs are being blamed for the continued rise of large fly-tipping incidents across England.’

BBC News, 13th February 2020

Source: www.bbc.co.uk

Divorcing couples: beware the capital gains tax trap – OUT-LAW.com

Posted October 10th, 2019 in capital gains tax, divorce, matrimonial home, news, penalties, sale of land, time limits by tracey

‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’

OUT-LAW.com, 8th October 2019

Source: www.pinsentmasons.com

UK fine issued for breach of CMA initial enforcement order – OUT-LAW.com

Posted September 26th, 2019 in competition, electronic commerce, mergers, news, penalties by tracey

‘A payments provider that breached an order to stop the integration of its UK business with a rival until a full merger investigation could be carried out has been fined £250,000 by the Competition and Markets Authority (CMA).’

OUT-LAW.com, 26th September 2019

Source: www.pinsentmasons.com

Company boss fined £1,000 for knocking over cyclist in Mercedes then driving away – The Independent

Posted August 16th, 2019 in bicycles, driving without due care & attention, fines, guilty pleas, news, penalties by tracey

‘The owner of an exclusive company that recruits household staff for wealthy clients has been fined nearly £1,000 for knocking over a cyclist and driving away.’

The Independent, 15th August 2019

Source: www.independent.co.uk

Prosecutions against unsafe care homes and hospitals rise by one third – Daily Telegraph

Posted July 29th, 2019 in care homes, hospitals, news, penalties, prosecutions by sally

‘Prosecutions and other criminal enforcement actions against unsafe care homes and NHS hospitals have risen a third in a year, amid warnings of a growing crisis.’

Daily Telegraph, 26th July 2019

Source: www.telegraph.co.uk

CA threatens costs penalty for non-compliant authority bundles – Litigation Futures

Posted July 23rd, 2019 in appeals, case management, costs, judgments, law reports, news, penalties, practice directions by sally

‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’

Litigation Futures, 22nd July 2019

Source: www.litigationfutures.com

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