‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’
OUT-LAW.com, 15th May 2024
Source: www.pinsentmasons.com
‘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.’
UKSC Blog, 8th March 2023
Source: ukscblog.com
‘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.’
Law Society's Gazette, 22nd November 2021
Source: www.lawgazette.co.uk
‘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, 9th April 2020
Source: www.parksquarebarristers.co.uk
‘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.’
Restorative Justice, March 2019
Source: covrj.uk
‘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.’
OUT-LAW.com, 30th May 2018
Source: www.out-law.com
‘Advanced robots of the future could be given their own legal status under plans MEPs have asked EU policy makers to consider.’
OUT-LAW.com, 20th February 2017
Source: www.out-law.com
‘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.’
Nearly Legal, 6th March 2016
Source: www.nearlylegal.co.uk/blog/
‘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).’
NIPC Law, 12th Ocotber 2015
Source: www.nipclaw.blogspot.co.uk
‘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.’
The Guardian, 19th March 2015
Source: www.guardian.co.uk
‘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.’
OUT-LAW.com, 14th April 2014
Source: www.out-law.com
‘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. ‘
OUT-LAW.com, 14th February 2014
Source: www.out-law.com
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
“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.”
Litigation Futures, 1st October 2013
Source: www.litigationfutures.com
“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.”
Hardwicke Chambers, 9th August 2013
Source: www.hardwicke.co.uk
“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.”
OUT-LAW.com, 20th August 2013
Source: www.out-law.com
“Do CPS press conferences after charge risk prejudicing a trial, asks Dan Bunting.”
Criminal Law and Justice Weekly, 10th August
Source: www.criminallawandjustice.co.uk
“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.”
UK Constitutional Law Group, 7th August 2013
Source: www.ukconstitutionallaw.org
“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
“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.”
OUT-LAW.com, 24th April 2013
Soure: www.out-law.com
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