Life in crime | A narrow ambit for dangerous driving The Supreme Court has raised the bar in respect of strict liability in relation to dangerous driving, and rightly so believes Benjamin Newton This article first appeared in the solicitors Journal on 13TH August 2013 and is reproduced with their kind permission. Strict liability in crime is a controversial principle. In R v Hughes [2013] UKSC 56 the Supreme Court grappled with the prospect of double strict liability – i.e. an aggravated offence where both the underlying offence and the aggravating feature were both of strict liability. The offence of…
Drawing up a ‘watertight’ contract is nearly impossible, especially when it comes to exclusion clauses. Clients need to be made aware of the risks and advised accordingly, says Jonathan Silverman This article first appeared in the solicitors Journal on 20th August 2013 and is reproduced with their kind permission. It has always been a problem for lawyers faced with the client asking one to draw up ‘watertight’ terms and conditions of business, especially when it comes to exclusion clauses. Trying to explain that it isn’t as straightforward as it first appears merely curries favour. The reality is that the days…
This article first appeared in the solicitors Journal on 20th August 2013 and is reproduced with their kind permission. Vulnerable witnesses do not have to give oral evidence to employment tribunals, the Court of Appeal has ruled. Its guidance on correct procedure should be noted, says Anna Macey InDuffy v George [2013] EWCA Civ 908 the Court of Appeal provided guidance on the correct procedures an employment tribunal (ET) should adopt when a witness claims to be too frightened to be cross examined. The appellant Michael Duffy, was accused by a fellow employee, Susannah George, of sexual harassment. She brought…
The Insolvency Act 1986 provides that a company is deemed to be unable to pay its debts if: ‘the company is unable to pay its debts as and when they fall due’; and ‘the value of the company’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities’. The former limb being the so-called ‘cashflow test’, the latter limb the ‘balance sheet test’. The Supreme Court decision in BNY Corporate v Eurosail-UK concerned the interpretation of what constitutes balance sheet insolvency, and the treatment of contingent and prospective liabilities. The facts Eurosail was…
Making ends meet can be difficult. Some months paying the bills is a struggle, but not paying your rent is something you have to be particularly careful about. If you leave your rent unpaid for too long your landlord could take you to court and, eventually, evict you. However, being evicted is not something that happens overnight, no matter what your landlord says. If you are renting a property it makes sense to know your rights, so here we will give you the basics. That way, should your landlord try to evict you because you are a week or two…
The simple answer to this question is Yes. However, being long term sick is not a valid reason for a firm to choose you for redundancy over another employee. The Job Has to No Longer Exist The redundancy has to be genuine. Any firm who makes an employee redundant and then employs someone to do that same job or an extremely similar job could potentially be sued. Employers cannot use redundancy to “sack” people. They can get rid of them, but the employee must be failing to perform their duties, and a full traceable disciplinary process has to be followed.…
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…
