Since the law changed regarding the use of Mobile Phones whilst driving, there has been a huge increase in the numbers of people who have been prosecuted for this offence. But this doesn’t mean that each and everyone one of the people who received a fine were guilty of the offence as it stands. Holding a mobile phone but not using it whilst driving. Stopped by the Police and issued you with a £60 fine & 3 points. The basic answer to this one is that a fine notice can be issued, but it is possible you could contest it…
Hacking It is illegal to intercept any communication, including voicemail, without proper authority under the Regulation of Investigatory Powers Act, known as RIPA. It is also unlawful to hack into a computer. However, the CPS may decide to waive pressing charges if they feel it would not be in the public interest. Blagging If you fraudulently misrepresent yourself and obtain information that either you stand to gain by, through its sale, or causes a loss to others, you can be prosecuted under the Fraud Act. The Data Protection Act also outlaws improper obtaining of personal information. There is a defence…
English arbitration clause gives power to restrain foreign claim Supreme Court AES LLP v Ust-Kamenogorsk JSCT Judgment June 12, 2013 The English courts had a long standing and well recognised jurisdiction to restrain foreign proceedings which were brought in violation of a clause in an agreement which provided for arbitration in England under English law even when neither of the parties to the agreement had commenced or intended commencing arbitration proceedings. The Supreme Court so held, dismissing an appeal by the defendant, and granting the claimant: 1 a declaration that the defendant was bound to submit disputes, including disputes as…
Does a tenant have a say in landscaping ? The management company that runs the estate has sent a notice stating that it intends to carry out landscaping works in the gardens. I would very much like the area directly outside my flat improved — can I insist on it being included in the plans? It is a standard term of every lease of a flat that the landlord or management company must repair and maintain the common parts. This almost always extends to maintenance of any gardens. These provisions are unlikely to require the landlord to carry out improvements…
If you want to set up a business in the UK there are several options open to you. Having the choice is good, but it can be a little confusing, so here we will look at the main pros and cons of each option. The Pros of Registering as Self – Employed First the pros, setting yourself up as self employed is stunningly simple. You just need to register the fact you are working for yourself with the tax office. To do this, go to the HMRC website. If you expect to be earning over £5,595 per year you will have…
If a vehicle registered keeper receives a speeding ticket and it can be conclusively proved that the vehicle was exceeding the speed limit the fine has to be paid and the points assigned one way or another. If you were driving and believe you were actually speeding, the best approach is to accept responsibility by paying the fine and taking the points. However, sometimes you are unlucky enough to end up with a fine that you are not sure is yours. This is particularly the case if your vehicle is used by family and friends or by employees. So, what…
This is an issue that affects many people and possibly worries many more tenants who are living in privately rented accommodation. What rights do you now have if your rented property is up for sale but there is no mention of tenants in the property listing? The simple answer to this question is that you have the legal right to remain in the property until your Lease ends, and the new owner must honour that tenancy. A change of landlord makes no difference to your rights. Do not let the landlord or his agent tell you anything different. If anyone…
Ryanair pilots were regularly placed on unpaid standby at airports for up to four days In a judgment that risks Ryanair was found to be breaching English employment law. It was also accused of exploiting crew. Brookfield Aviation International, which supplies pilots for Ryanair’s fleet, was denying pilots basic rights, a case at the Mayor’s and City of London Court found. Lawyers acting for the Irish Airline Pilots’ Association, which represented four pilots, argued successfully that Ryanair cockpit crew were unfairly penalised when they left short of their notice period. One pilot faced a €5,000 (£4,320) penalty for leaving…
25 July 2013 This article first appeared in the Solicitors Journal and is reproduced with their permission. A recent case has shed welcome light on the correct measure of loss following the discharge of an injunction, says Ruth Hughes The way losses suffered as a result of a freezing order should be assessed was considered most recently in Abbey Forwarding Ltd v Hone [2012] EWHC 3525 (Ch). The case involved an inquiry as to the amount recoverable by three former directors of Abbey Forwarding Ltd from Abbey pursuant to the undertaking in damages that the company had given when it…
Supreme Court North and v Dumfries, Equality and Human Rights Commission intervening This is an important decision of the Supreme Court affecting equal pay rights. Judgment June 26, 2013 When considering whether men who worked at a different location were in the “same employment” as women who were claiming sex discrimination, the hypothesis was that the chosen male comparators be transferred to do their present jobs at the location where the women claimants worked and there was no requirement that there be a real possibility that such a transfer would occur. The Supreme Court so held in allowing an appeal…
