Penalty Clauses – New Square Chambers

Posted December 9th, 2015 in contracts, news, penalties by sally

‘On 4 November 2015 the Supreme Court handed down a judgment in relation to penalty clauses in a contract – Cavendish Square Holding BV v Makdessi [2015] UKSC 67, a judgment of 124 pages before a panel of seven Justices. This was the first time that this Court or the House of Lords had considered such an issue for a century. Some commentators describe this judgment as, in effect, a complete re-writing of the relevant law. Others may call it merely a change, albeit an important change, of emphasis.’

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New Square Chambers, 1st December 2015

Source: www.newsquarechambers.co.uk

After Cavendish Square/ParkingEye, is it more or less likely to be a penalty? – Employment Law Blog

Posted November 25th, 2015 in appeals, news, parking, penalties, Supreme Court by sally

‘Reports of the decision of the Supreme Court in the joined appeals in Cavendish Square and ParkingEye left me confused because some reckoned the decision represented a narrowing of the application of the penalty doctrine whilst others considered it had expanded the doctrine’s scope. So on a wet weekend afternoon I took hold of a copy of the Judgment – [2015] UKSC 67- and tasked myself to find out. Here is what I found.’

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Employment Law Blog, 23rd November 2015

Source: www.employment11kbw.com

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

Charities should face fundraising ban if they harass donors – report – The Guardian

Posted September 23rd, 2015 in charities, data protection, financial regulation, harassment, news, penalties by sally

‘Charities that harass or abuse donors should be named and shamed, and in some cases banned from approaching the public for money, a government-commissioned review of fundraising has recommended.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

Rogue landlords should face jail terms to deter them from taking advantage of renters, say national bodies – The Independent

Posted September 21st, 2015 in landlord & tenant, local government, news, penalties, sentencing by sally

‘Rogue landlords should face harsher consequences, including jail terms, to deter them from taking advantage of “vulnerable” renters, national bodies have said.’

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The Independent, 19th September 2015

Source: www.independent.co.uk

CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers

Posted September 4th, 2015 in compensation, competition, news, penalties by sally

‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’

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Zenith Chambers, 18th August 2015

Source: www.zenithchambers.co.uk

‘National living wage’ dodgers face higher penalties – The Guardian

Posted September 1st, 2015 in company directors, disqualification, employment, fines, news, penalties, remuneration by sally

‘Employers who fail to pay the new “national living wage” face increased fines under a crackdown on non-compliance announced by David Cameron.’

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The Guardian, 1st September 2015

Source: www.guardian.co.uk

Making sense of deposits. Nearly. – Nearly Legal

Posted August 25th, 2015 in deposits, housing, landlord & tenant, news, penalties by sally

‘It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants.’
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Nearly Legal, 24th August 2015

Source: www.nearlylegal.co.uk

The Round-up: Controversy over the Courts Charge and Serdar Mohammed – UK Human Rights Blog

‘The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the innocent to plead guilty”. The mandatory charge of up to £1,200 is imposed on those who admit committing minor misdemeanours, regardless of their circumstances.’

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UK Human Rights Blog, 10th August 2015

Sorce: www.ukhumanrightsblog.com

Magistrates resign over court charges that encourage innocent to plead guilty – The Guardian

Posted August 3rd, 2015 in benefits, courts, criminal justice, guilty pleas, magistrates, news, penalties by sally

‘Magistrates have begun to resign in protest at punitive court charges of up to £1,200 that they claim can never be collected and encourage the innocent to plead guilty.’
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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Businesses team up to battle English laws on penalties dating back to Magna Carta – The Independent

Posted July 24th, 2015 in contracts, fines, news, parking, penalties, Supreme Court by sally

‘Lawyers are in a legal slug-fest in the Supreme Court trying to determine if the English law on penalties has any place in the modern commercial world.’

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The Independent, 23rd July 2015

Source: www.independent.co.uk

Relief from Sanctions in the Family Courts – Family Law Week

Posted June 19th, 2015 in children, civil procedure rules, costs, delay, news, penalties by tracey

‘Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.’

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Family Law Week, 14th June 2015

Source: www.familylawweek.co.uk

Anti-vivisection activists win right to legal challenge over how Home Office investigated the care of animals at leading research institution – The Independent

‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’

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The Independent, 17th May 2015

Source: www.independent.co.uk

ParkingEye Ltd v Beavis (The Consumers’ Association intervening) – WLR Daily

Posted May 1st, 2015 in law reports, news, parking, penalties, unfair contract terms by tracey

ParkingEye Ltd v Beavis (The Consumers’ Association intervening: [2015] EWCA Civ 402; [2015] WLR (D) 190

‘A parking charge of £85 imposed once a motorist overstayed a permitted two-hour period of free parking was not extravagant or unconscionable in the circumstances and was enforceable at law.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers

Posted April 30th, 2015 in company directors, competition, damages, employment, fines, news, penalties by sally

‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’

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Competition Bulletin from Blackstone Chambers, 29th April 2015

Source: www.competitionbulletin.com

Not So Alarming – Nearly Legal

‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take

Posted March 19th, 2015 in news, penalties, tax avoidance, tribunals by sally

‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’

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RPC Tax Take, 18th March 2015

Source: www.rpc.co.uk

Monetary Penalty Notices – Thirty Nine Essex Street

Posted March 18th, 2015 in data protection, news, penalties by sally

‘The purpose of this paper is to provide an introduction to monetary penalty notices. The law is complex and you cannot assume that the ICO has got it right, even though they have published guidance for themselves to follow.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

European Commission fines broker in Libor cartel case – Zenith Chambers

Posted March 18th, 2015 in competition, EC law, fines, interest, news, penalties, regulations by sally

‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’

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Zenith Chambers, 6th February 2015

Source: www.zenithchambers.co.uk