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‘The UK government must be careful not to drive British consumers to unregulated gambling markets by imposing overly strict constraints on regulated providers of online gambling services, experts in gambling licensing and regulation have said.’

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OUT-LAW.com, 18th December 2020

Source: www.pinsentmasons.com

Comparethemarket fined £17.9m by competition watchdog – The Guardian

Posted November 19th, 2020 in compensation, contracts, fines, insurance, internet, news by sally

‘The competition watchdog has imposed a £17.9m fine on price comparison site Comparethemarket.com after it found that clauses in its contracts with home insurers broke competition law.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Data protection – ICO’s new guidance on data subject access requests – OUT-LAW.com

Posted November 6th, 2020 in codes of practice, data protection, employment, news by tracey

‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’

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OUT-LAW.com, 5th November 2020

Source: www.pinsentmasons.com

Tighter regulation of cryptoassets coming in the UK – OUT-LAW.com

Posted November 1st, 2018 in consultations, cryptocurrencies, EC law, financial regulation, money laundering, news, terrorism by sally

‘The regulation of cryptoassets is likely to get tighter in the UK, starting from next year, according to a new report by a body tasked with exploring whether new rules are needed to address their growing popularity.’

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OUT-LAW.com, 31st October 2018

Source: www.out-law.com

Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, fundamental dishonesty, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Posted April 27th, 2016 in costs, fraud, fundamental dishonesty, news, personal injuries, proportionality by sally

‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’

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Litigation Futures, 27th April 2016

Source: www.litigationfutures.com

Court heaps landmark contempt sentence on whiplash cheat – Litigation Futures

Posted April 19th, 2016 in contempt of court, costs, fraud, fundamental dishonesty, insurance, news, personal injuries, sentencing, suspended sentences by sally

‘A semi-professional footballer who brought a fake whiplash claim has suffered twice over after a four-month suspended sentence for contempt was heaped on an £11,000 costs order for bringing a fundamentally dishonest claim.’

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Litigation Futures, 19th April 2016

Source: www.litigationfutures.com

An Approach to Fundamental Dishonesty in the Claimant’s Absence – Zenith PI Blog

Posted April 12th, 2016 in appeals, civil procedure rules, costs, fundamental dishonesty, news by sally

‘A notable and well-known exception to Qualified One-Way Costs Shifting (QOCS) is that a Claimant whose claim is found to be “fundamentally dishonest” loses the protection of the QOCS rules.’

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Zenith PI Blog, 11th April 2016

Source: www.zenithpi.wordpress.com

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, fundamental dishonesty, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in fundamental dishonesty, news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

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Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, fundamental dishonesty, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

Posted April 13th, 2015 in civil procedure rules, costs, criminal justice, damages, fraud, fundamental dishonesty, news, personal injuries by sally

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

Law firms need to rethink approach under ‘fundamentally dishonest’ rule, barristers warn – Litigation Futures

Posted February 23rd, 2015 in barristers, burden of proof, fundamental dishonesty, law firms, news, personal injuries, solicitors by sally

‘Claimant solicitors have been warned that they need to review their retainers and advise clients about the implications of the new ‘fundamentally dishonest’ rule being introduced shortly.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

New ‘fundamental dishonesty’ rule may act “as deterrent”, MoJ says – Litigation Futures

Posted August 21st, 2014 in compensation, fundamental dishonesty, news, personal injuries by tracey

‘The government believes its new ‘fundamental dishonesty” rule could lead not only to the number of personal injury claims being reduced but may “have some form of deterrent effect” against exaggeration, it has emerged.’

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Litigation Futures, 21st August 2014

Source: www.litigationfutures.com

Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision – Litigation Futures

Posted May 15th, 2014 in costs, fundamental dishonesty, news, personal injuries by tracey

‘A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.’

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Litigation Futures, 14th May 2014

Source: www.litigationfutures.com

When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

Posted December 12th, 2013 in appeals, disability discrimination, employment tribunals, equality, medical treatment, mental health, news, veterinary surgeons by sally

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

Failing to inform online consumers about cancellation rights should be criminal offence, say trading standards bodies – OUT-LAW.com

Posted October 29th, 2013 in consultations, consumer protection, crime, internet, news, sale of goods, trading standards by sally

“Businesses that sell goods and services to consumers over the internet should face criminal penalties if they fail to display details on cancellation rights, the Trading Standards Institute (TSI) and Association of Chief Trading Standards Officers (ACTSO) has said.”

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OUT-LAW.com, 28th October 2013

Source: www.out-law.com

Piercing the Corporate Veil: Ramifications of the SC Decision in Prest v Petrodel Resources Limited – 11 KBW

Posted July 31st, 2013 in company law, corporate veil, divorce, financial provision, news, Supreme Court, trusts by sally

Presentation

11 KBW, 24th July 2013

Source: www.11kbw.com

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd – 11 Stone Buildings

Posted June 18th, 2013 in company law, corporate veil, divorce, financial provision, matrimonial home, news, Supreme Court by sally

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

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11 Stone Buildings, June 2013

Source: www.11sb.com