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England and Wales decisions
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The tribunal dismissed an appeal against an escalating penalty notice, finding statutory service proved, no reasonable excuse shown, and the £2,000 penalty confirmed.
The appellant breached the registration requirements by trading as an estate agency business whilst unregistered, failed to follow HMRC guidance on renewal, and did not take all reasonable steps or exercise due diligence. The penalty was correctly calculated, reduced for cooperation, and is proportionate, effective, and dissuasive. The appeal is dismissed and the penalty upheld.
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The Upper Tribunal set aside a First-tier Tribunal decision on financial penalties, finding legal error in reliance on an irrelevant breach and in not seeking key financial evidence.
The Respondent's use of the maximum possible quota authorisation price (£25/tCO2e) to calculate costs avoided was unreasonable and disproportionate. The penalty should reflect the actual price paid by the Appellant in 2021 (£10/tCO2e), and mitigation should be properly credited. The appropriate penalty is £90,511, not £200,000.
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The appellant filed the ATED return late and failed to establish a reasonable excuse or special circumstances. The penalties were lawfully imposed and proportionate under the statutory regime. The appeal was dismissed and the penalties confirmed.
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The First-tier Tribunal dismissed ColourCoat Limited’s appeal against a £130,000 PECR monetary penalty for unsolicited direct marketing calls and related breaches.
The Upper Tribunal held that the First-tier Tribunal could not reduce an Environment Agency climate-change-agreement penalty on proportionality grounds.
Judicial review of Ofcom sanctions against DM Digital failed. The court found no apparent bias in Ofcom’s process and held the penalties proportionate.
DM Digital Television Ltd, R (On the Application Of) v The Office of Communications (Ofcom) [2014] EWHC 961 (Admin) (03 March 2014)
Judicial review of Ofcom sanctions for broadcasting code breaches failed. The court rejected procedural fairness and bias arguments, and upheld the penalties as proportionate.
The tribunal dismissed an appeal against a £3,000 anti-money-laundering penalty, holding that the estate agent had to register under the 2007 Regulations.
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