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Speeding Offenders could now be fined upwards of £5,000, according to new sentencing guidelines

This week, for the first time since 2008, changes have been made to the way in which sentencing is carried out at Magistrate’s courts. 

Since the magistrate’s guidelines were last updated there have been significant changes in the law and the new sentencing guidelines have been brought in to reflect these changes.

Significantly, there will no longer be a £5,000 cap on fines.  The fining criteria will look at culpability and the harm the offending has caused.  For example, with regards to motoring, the fine may take into account the potential harm caused by the driver’s speed. 

Fines will now begin at 150% of the offender’s weekly income where beforehand it was 100%.

 

car speeding fine increase magistrates courts

Driving under the influence, careless driving, driving without insurance and failure to stop/report a road traffic accident will also be subject to change in sentencing guidelines.

Other offences that will be affected will be animal cruelty, TV licence payment evasion and alcohol sales offences.

The guidelines will be used to sentence adult offenders in all magistrates’ courts in England and Wales from 24 April.

 

For information regarding motoring offences please contact our expert motoring lawyer j.wilkins@cjch.co.uk or call us: 029 2048 3181

Serious Fraud Office cracks down on Rolls Royce Plc.

When people hear the name ‘Rolls Royce’ they often think only of the high-end luxury vehicles. However, Rolls Royce PLC is a global firm,  with interests in civil and defence aerospace, as well as nuclear, marine and power system engineering.

This week the UK’s 3rd ever Deferred Prosecution Agreement (‘DPA’) since its introduction in 2014 was entered into by the Serious Fraud Office (‘the SFO’), involving Rolls Royce plc. The SFO has revealed that the FTSE 100 firm faces 12 counts of conspiracy to corrupt or failure to prevent bribery spanning 25 years and across 7 jurisdictions.

 

Section 1 of the Bribery Act 2010 (‘the Act’) prevents financial advantages being ‘offered, promised or given by a company directly or through a third party’.  Investigations began in 2013 and are understood to have been probing claims that Rolls Royce had paid millions of GBP in bribes, or had used ‘middlemen’ to bribe in order to make commercial and military deals in various countries. Part of the investigation looked at Rolls Royce’s former Energy business, formally carried out by Rolls-Royce Energy Systems Inc, a private company incorporated in Delaware, US.

 

Under the DPA, the prosecution of Rolls Royce is suspended in the UK provided that it abides by the terms of the agreement including a payment of £671,000,000 to settle the corruption and bribery claims. Similar deals have also been struck in Brazil and the US.

 

Bribery
Further information can be found at https://www.sfo.gov.uk/cases/rolls-royce-plc/.

 

This case highlights the importance of ensuring companies, and their subsidiaries, are not acting in contravention of the Act. This can be achieved through careful consideration of the Act, and any guidance published under section 9 of the Act. It is important to ensure that when drafting the company’s contracts, consideration is given to the requirements of the Act. This is particularly important when drafting outsourcing agreements.

 

If you are considering outsourcing work, whether in the UK or abroad, we would strongly recommend that you take independent legal advice from a commercial contracts solicitor. Our commercial team are available to assist at corporatelaw@cjch.co.uk, or on 029 2048 3181.
Written by Emma Hales.

Jo Johnson MP, brother of Boris Johnson, takes over as IP minister

Jo Johnson MP takes over as IP minister

Jo Johnson MP, brother of Boris Johnson, has been appointed as the new Intellectual Property minister, replacing Baroness Neville-Rolfe, but will remain as minister of state for universities, science, research and innovation. 

The post change comes shortly after the significant change to UK IP policy this year- the planned ratification of the Unified Patent Court.

Johnson, a fluent French speaker and Oxford graduate, has held office as MP for Orpington since May 2010 and was responsible for overturning the popular vote to name a new polar research ship ‘Boaty McBoatface’.

He will be the eighth person to take up role of Minister for Intellectual Property since the post was created in 2007, it is hoped that he will remain in the post for longer than his predecessors, particularly as the aftermath of the Brexit vote is expected to provide unforeseen challenges for the role and for Intellectual Property in the UK.  Unlike his brother, Jo Johnson was firmly in the remain camp.

For assistance on Intellectual Property related matters, Contact our experience Intellectual Property team at iplaw@cjch.co.uk

CJCH new contract to lead software company’s fight against global piracy

CJCH Solicitors are pleased to announce we have recently signed a contract to fight international piracy on behalf of multinational software company AVEVA.

 The initial 12 month contract, from Cambridge-based Aveva, and will enforce the company’s licences through a network of 32 partner law firms around the world.

Aveva operates across a wide range of commercial sectors, particularly ship building, the automobile industry, oil pipe lines and refineries, and nuclear power stations.

“Over the past few years, we have gained an international reputation for our excellent work in protecting clients’ intellectual property,” says CJCH senior partner, Stephen Clarke.

“Our expertise and experience have helped recoup millions of euros for clients, and we have already achieved our first success for Aveva, within a few weeks of the contract starting.”

CJCH now has open cases for Aveva in Italy, Romania, the Netherlands, Nigeria, Germany and Saudi Arabia.   

CJCH’s reputation as a leader in intellectual property has enabled it to develop a network of partner law firms around the world, which undertake local court action and raids on premises using the products illegally.

Two separate raids in Spain alone last year generated over 500,000 euros in settlements for another client.

Was your company adequately prepared for the festive season?

It’s the start of the year, and probably time to reflect on the year gone by for most companies. If you had any questionable experiences during the festive season, here are some tips to plan for 2017 and employee conduct in general.
The office Christmas party is a tradition of most employers. However, employers should ask themselves whether they are properly prepared, particularly because employers have a duty of care to their employees can be vicariously liable for acts of discrimination, harassment and victimization carried out by employees in the course of their employment (which would include the office party) unless the employer can show that reasonable steps had been taken to prevent such actions.
Get a policy in place
It is worth outlining to employees in advance what represents acceptable and unacceptable behavior. Staff should be placed on notice that inappropriate behavior, unwanted conduct, etc. will be dealt with in the same way it would as if it took place during normal work hours.
Remind employees about the risk of excessive alcohol consumption
It is sensible for employers to remind employees of the risks of alcohol consumption to excess. Employers should sensibly limit the amount of alcohol given freely; the free bar approach may be seen to be encouraging excessive alcohol consumption.

Getting home
Employers should also exercise a caring approach with regard to getting employees home safely. Some employers may provide transport, others may simply provide taxi numbers and encourage staff to use them.
Misconduct
Any misconduct that arises at the Christmas party should be dealt with in a timely manner and through the employers’ investigatory and disciplinary procedures. A complaint should never be dismissed as ‘just banter’.
In a very timely recent High Court ruling, Bellman v Northampton Recruitment, it was decided that a company is not vicariously liable for injuries caused by an employee after a work Christmas party had ended.

In this case, after the Christmas party ended, and at a different location, a disagreement between a manager and a director took place. They continued drinking until a serious assault took place at 3.00 a.m., which caused a serious brain injury to the manager. The decision was taken to sue the company. The key question was whether he was acting in the course of his employment when the director struck the manager, so as to make the company vicariously liable.
The Judge determined that if the assault had taken place at the Christmas party itself, the company could have been liable, but because the assault took place after the party and in a different location, during effectively a “private drinking session”, the company was not vicariously liable.
The law provides that employers will be liable for the conduct of their employees where that conduct occurs in the course of their employment and there is sufficient connection between the position the employee was employed in and the wrongful conduct, to make it appropriate for the employer to be held liable.
The advice for employers remains to set clear guidelines as to the conduct expected of employees when attending any functions which are or may be connected to work, and to remember they could be held responsible for improper conduct at work events.

For more information, or assistance on these and other employee related matters, speak to our experienced Employment Law team.

CJCH Sponsors Barry Comprehensive Barry-Barcelona cycle fundraiser

On Saturday 26th November CJCH sponsored the ‘Barry to Barcelona’ fundraising cycle by Barry Comprehensive.   The event, organized by Dai Manley of the P.E. department and his team, saw members of their rugby team, staff, parents and famous faces from welsh rugby, cycle the equivalent of the distance from Barry to Barcelona.  The famous faces in rugby who joined in during the day included Martyn Williams, John Inverdale, Rhys Williams, Rick O’Shea and Shane Williams. 

Barry Comprehensive rugby team members take part in the fundraising cycle!
Barry Comprehensive rugby team members take part in the fundraising cycle!

The event was in aid of their rugby and football teams upcoming tour-in April 2017 they will be heading to Barcelona to play 3 rugby games and one football game against Spanish schools.
The event went on from 1.30pm on Saturday afternoon before the Wales v. South Africa game and it was a successful day all round with a Wales win and boys managing to raise upwards of £2,000 towards their tour.
The CJCH sponsored t-shirts worn by the boys during their efforts was designed and made by Owen Bull of Happy Embroidery in Dinas Powys-A big thanks to them as they looked great.
Good luck to the team with the rest of their fundraising efforts!

CJCH is to be the new Slovak Consulate Office

The Honorary Slovak Consul for Wales, Mr Nigel Payne, will now be based at the CJCH offices in Cardiff.

The agreement was confirmed with a visit by the Slovak Ambassador, His Excellency Lubomír Rehák, who officially opened the new Consulate venue.

His Excellency Lubomír Rehák, Honorary Slovak Consul Wales Mr. Nigel Payne, and CJCH Senior Partner Stephen Clarke
His Excellency Lubomír Rehák, Honorary Slovak Consul Wales Mr. Nigel Payne, and CJCH Senior Partner Stephen Clarke

 

Mr Payne will use the office to liaise with the Slovak Embassy over official visits to Wales, and act as a link between the two countries.
As honorary consul, Mr Payne provides help to Slovak nationals who may need it, and validates documents requiring authorisation for Slovak nationals living in Wales.
Being based in CJCH’s offices also means he has expert legal support on hand when required.
CJCH senior partner Stephen Clarke says;

“We are very pleased to help the Slovak Embassy by providing office space for the honorary consul,”. “International trade and inward investment relies on smooth relations between countries, and the UK’s withdrawal from the European Union is likely to bring new challenges, when legal advice may be vital.
“Our location in central Cardiff, our burgeoning international reputation, and our wide-ranging legal expertise have all contributed to our being chosen to host the consulate.”

The ambassador’s visit to Cardiff also involved official diplomatic government meetings, including with First Minster, Carwyn Jones.
The ambassador and the honorary consul gave evidence to a Welsh Government committee about Slovakia’s current EU council presidency term and the links that have been established between Slovakia and Wales since Mr Payne took on his role in 2005.

Black Friday-Cyber Monday A threat to cyber security for individuals and businesses!

Black Friday-Cyber Monday

 
 

A threat to Cyber Security for individuals and businesses!

 Man shopping online black Friday Cyber Monday iPAD deals protect yourself cyber security

It is fast approaching the busiest weekend of the year for online retail.  ‘Black Friday’ weekend culminating in ‘Cyber Monday’, a period in which online retailers advertise their most attractive deals for a limited period in the hope of gaining lucrative profits in the run up to Christmas.  As billions of people prepare to bag the best bargains online and simultaneously swerve the scrum that is high street shopping over the Christmas Period, cyber criminals too are preparing for their most profitable weekend of the year.

 

A report* on last years’ Black Friday Sales confirms that the most common time for victims to initially make contact with hacker was on 28 November-1 December (coinciding with last years ‘Black Friday-Cyber Monday’ weekend).  UK online sales on ‘Black Friday’ weekend have increased 36% year on year to £1.1 billion in 2015. During this time it is more important than ever to be vigilant online.

 

Scams and how to avoid them:

 

EMAILS

 

Email are a common way for a scammer to entice an online shopper into offering personal and/or bank details in the belief that they are providing this information to a trusted source.
These fraudulent emails can also trick people into opening malicious attachments, or clicking on links that take them to fraudulent websites which may steal details such as usernames, passwords, as well as other sensitive information.  They may also contain malware that can embed itself and then corrupt your smart phone, tablet or laptop.   Email ‘spoofers’, will often disguise their email address as a bank, a well-known company, or a friend or family member.

To avoid falling victim to this form of online cybercrime you should;

• Know how to spot the warning signs of a hoax email including;
-An unknown sender
-Contains misspellings designed to fool spam filters. (letters replaced by numbers i.e. 0ffer)
-Contains attachments, which could include .exe files.
• Do not reply to unsolicited emails from companies you don’t recognize.

 

Also to look out for over the season: e-cards.  eCards have become very popular over the past few years.  A legitimate-looking eCard may contain an invitation to click on a link to supposedly open your card, but is in fact phishing for personal or financial information.

 

MAKING PAYMENTS ONLINE
 Credit card fraud. Protect yourself online from hackers.
Cyber crime is up 20% since 2014 and is the fastest growing economic crime.
Figures from last Christmas show that individuals and businesses reported losing £16,426,989 to online fraudsters.
When purchasing online the following precautions should be taken;

 

• Research the site you’re buying from before purchasing anything.  Customer Reviews if available are also an indication of whether a company is reputable (Unless there are only very few reviews, in which case these too may be fraudulent)
• Don’t make payments on an unsecured Wi-Fi connection or an open server.
• Paying by credit card offers greater protection than with other methods in terms of fraud.
• There should be a padlock symbol in the browser window frame, which appears when you attempt to log in or register. Be sure that the padlock is not on the page itself-this will probably indicate a fraudulent site.
• The web address should begin with ‘https://’. The ‘s’ stands for ‘secure’.
• Some websites will redirect you to a third-party payment service (such as WorldPay). Ensure that these sites are secure before you make your payment.
• Remember, when you’re making a payment online you will be asked for your CVV (3 digit number on the back of your card.)  You will never be asked for your PIN or any internet banking passwords.
• Ensure you have effective and updated antivirus/antispyware software and firewall running before you go online.

Also beware mobile payments-always ensure that you install software app updates as soon as they’re available for your device.  Install anti-virus software on your devices and remember to keep it updated.  Some forms of malware can intercept and steal the payment details you enter into online shopping or banking sites.

 

SOCIAL MEDIA

 

The good news is £345m in online businesses and consumer detriment have been prevented in the past two years’.
Lord Toby Harris, Chair, National Trading Standards, said:

“Scams today can reach more people than ever before as criminals manipulate digital technology and online platforms to access a larger pool of potential victims.
To help tackle counterfeiting on social media, the National Trading Standards eCrime Team is working with partners in the National Markets Group and the Intellectual Property Office on a landmark operation to tackle piracy on social media. This has seen 129 investigations launched, nearly 10,000 images removed from social platforms and 309 warning notices issued.”

 

The trend of criminals selling fake products on social media platforms – where it is easier to conceal their identity and disguise contact details – is expected to grow. This often sees criminals disguising themselves as well-known brands, before luring users to their external sites with low prices.
So this ‘Black Friday’ weekend, remember to be cautious while shopping online-always think twice before making any payments or opening unknown links.

 

Information in this article was obtained from the following websites;

 

*Report carried out by South London Police Force

Welsh Landlords face fines of up to £250 and loss of rental income if non-compliant

CJCH Solicitors on RENT SMART WALES – 23 November 2016

rentsmartwales-logoAn estimated 50% of private landlords in Wales have yet to apply to Rent Smart Wales leaving them exposed to potential fines and legal action for non-compliance. If you own a property which is rented out on your behalf, or you manage your own rental property then as of this morning, 23 November 2016, the Housing (Wales) Act 2014 is already in place for you. Here’s everything you need to know:
Rent Smart Wales registration came into effect as of midnight which requires all private landlords to be registered. If you manage the property yourself, there is a further requirement for you to be licenced to do so.
The aim is to improve the standards of management in the private rental sector. Failure to comply is officially an offence and from today the enforcement powers are now active. A potential penalty of either £150 or £250 fine is applicable, with further action including being prevented from managing your properties altogether.
If you have your properties managed by an agent then you are only required to register and do not require a Licence. It is the agent’s responsibility to apply for a Licence (But you are responsible for ensuring that your chosen agent is licensed).

  1. Registration only:
    The registration costs £33.50 if you apply for it on-line and if you want to make a paper application this route will cost £88.50.
  2. Registration and Licence required:
    For private landlords who manage their own properties, in addition to registering there is a course which needs to be taken to enable you to obtain a licence to manage a property. Courses are offered separately and you must obtain a minimum mark of 70% to qualify. Once completed, you then apply for a Licence for which Rent Smart Wales will charge £144.00 (online) or £186.00 (paper application).

If you have not already applied for registration or a Licence you should arrange this as quickly as possible.
As a Landlord the Licence lasts for 5 years, but you have to provide accurate information about yourself and your properties and by law must keep your information up to date. This includes adding any additional properties you may acquire, or indeed sell, or any changes in your personal details.
The Licence may be granted with conditions attached and if you break the conditions or are considered no longer `fit and proper` then the Licence can be revoked which means you will no longer be able to undertake any letting or management activities.
Do not ignore your obligations to register as it may cause you problems in the future when you try to rent your properties
In addition to the penalties mentioned above, Rent Smart Wales can apply for a Rent Stopping Order or a Rent Repayment order. This would mean that if you try to rent a property without being registered or by using an unlicensed agent your tenant would not be liable for rent (would not be legally required to pay you rent) and you would not be able to serve a section 21 Notice to obtain possession of a property as an unregistered /unlicensed landlord.
It is not too late to get compliant. We can assist if you need advice or support.

 

CJCH Solicitors on twitter, Facebook and LinkedIn.

(Disclaimer: Information in this article is referenced from the Rent Smart and Welsh government Websites, with the Rent Smart Logo provided for identification)