Fixed Penalty Notice in UK Law

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 November 2015
    ...... the law relating to contractual penalty clauses, or, as we will call it, the penalty ... that sum on such a transaction, the sum fixed must be a penalty. In the sense of direct and ... of the Sellers to require Cavendish, by a Notice served at any time between 1 January and 31 March ......
  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 December 1961
    ...... debated whether this clause provides a penalty or liquidated damages but on the view which I ... of his scheme of acting wrongfully, gave notice that he would not fulfil the contract. … He had ...This plainly was a contract of hire for a fixed period which had been commenced and under which ......
  • Bilta (UK) Ltd (in Liquidation) v Nazir
    • Supreme Court
    • 22 April 2015
    ...... directors, or of which its directors had notice, then the wrong-doing, or knowledge, of the ... of the credits net of VAT was artificially fixed at a level marginally below Bilta's purchase ... caused the company to suffer a financial penalty in this way did not prevent the acts and ......
  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 March 1999
    ...... to preserve the legitimacy of the death penalty but which in other respects their Lordships are ...; the content of the clause is not immutably fixed at that date. But the right to be allowed to ... process which is not attended by public notice and that the ratification of the Convention was a ......
  • International Transport Roth GmbH and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 22 February 2002
    ...... and Asylum Act, 1999 was passed and a new penalty regime created to deter those intentionally or ... within 60 days of service of the penalty notice if the liability falls to be discharged. Section ..., are liable for each such entrant to a fixed penalty of £2,000 unless they can establish: (i) ......
  • Adams v Cape Industries Plc
    • Court of Appeal (Civil Division)
    • 27 July 1989
    ...... personal knowledge and attested to under penalty of perjury". As a result of those directions, and ... 2 claims against the United States was fixed for 20th June 1983. Settlement was discussed. An ... a proviso for termination on 12 months' notice. The duties imposed on CPC were to carry out the ......
  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 October 2002
    ...... not, however, accompanied by a hearsay notice under the Magistrates' Courts (Hearsay Evidence ... that it is preferable to apply a single fixed standard of a balance of probabilities. ...The penalty for breach is punishment for contempt of court. ......
  • Warner v Metropolitan Police Commissioner; R v Warner
    • House of Lords
    • 02 May 1968
    ...... has been infringed he must pay the penalty. This may well seem unjust but it is a ... if they were alert they would at least notice something suspicious. Lord Parker pointed out the ... intention needed, leaving these to be fixed in relation to the legal context in which the ......
  • Whitney v Commissioners of Inland Revenue
    • House of Lords
    • 06 November 1925
    ...... words of the statute so as to make this notice as a mere notice null and void." ..., which consists in this that there is a fixed proportion between the weight of the air fed into ... liable to an immediate and a continuing penalty. By what right such a penalty could even in ......
  • R v Soneji (Kamlesh Kumar)
    • House of Lords
    • 21 July 2005
    ...... (a) if the prosecutor has given written notice to the court that he considers that it would be ... the convicted offender is freed from the penalty of confiscation. . . 8 In practice ... comply with the time provision, whether a fixed time or a reasonable time. Secondly, if so, did ......
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