Employment news analysis: The government will set Statutory Sick Pay (SSP) at 80% of normal weekly earnings where 80% of an employee’s normal weekly earnings is less than the flat rate (currently £116.75 per week). This will be set in law through a government amendment to the Employment Rights Bill (ERB).

MLex: Strengthening children’s protection online is the aim of a new cooperation agreement between Ireland’s Data Protection Commission (DPC) and its media safety regulator. In a joint statement published on Thrusday, the two authorities committed to collaborate and to share information to better safeguard children’s data and safety online, with the aim of advancing the rights and best interests of minors in the digital environment.

Local Government analysis: The government intends to introduce a new quality assurance framework for the diverse range of provision which has historically been referred to as ‘unregistered alternative provision’. The government plans to devise national standards with which providers must demonstrate compliance, before being included in local directories of approved provision. The government intends to legislate to introduce these new national standards. Written by Hannah Lynch, barrister at Parklane Plowden Chambers.

Employment news analysis: Employers who fail to comply with statutory information and consultation requirements for collective redundancies will face protective awards for a maximum period of 180 days, doubling the current 90-day maximum period, under amendments to be made by the government to the Employment Rights Bill (ERB). However, interim relief will not be available, pending a further review of compliance in the future.

Banking stress tests examine the potential impact of a hypothetical adverse scenario on the individual institutions that make up the banking system, and the system as a whole.

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Pensions analysis: The Administrative Appeals Chamber (AAC) of the Upper Tribunal has set aside a First-Tier Tribunal (FTT) decision and remitted it to the FTT for a full rehearing. The rehearing is for the FTT to reconsider its initial decision to set aside a fixed penalty notice issued by the Pensions Regulator (TPR) against Been London Design Ltd (the Company). The fixed penalty was issued for the Company’s alleged non-compliance with its automatic enrolment obligations. The decision to remit the case for full reconsideration demonstrates the significance of following formal procedure. The decision also highlights inflexibility in the legislation where, as was the case here, TPR was apparently not able properly to issue a notice to an address other than the Company’s registered office–even though original notices sent to that address were returned marked ‘addressee gone away’. Written by Paul Carney, partner at Shoosmiths LLP.

Strict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the offence. What the defendant knew, believed, or intended is unlikely to be relevant. Guilt can therefore be established by the commission of an act regardless of mindset. Strict liability runs against the presumption that criminal offences require proof of both actus reus and mens rea. Wright J in Sherras v De Rutzen stated: ‘There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject-matter with which it deals, and both must be considered.’ Strict liability is generally intended to regulate conduct that is particularly harmful to society. Societal protection overrides the presumption that the prosecution must prove mens rea. Strict liability offences focus more on factual consequences than the mindset of the accused.

An offence is one of strict liability if it does not require proof of mens rea in respect of one or more elements of the actus reus.

Commercial analysis: This article provides an analysis of the decision in Wilson (as administratrix of the estate of the late John Wilson) and others v Beko plc [2019] EWHC 3362 (QB) which considered whether strict liability claims could be brought under section 41(1) of the Consumer Protection Act 1987 (CPA 1987) in the context of the Directive of the Council of the European Communities, dated 25 July 1985 (No 85/374/EEC), on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products(‘the Products Directive’). Written by specialist business and property barrister Neil Fawcett of 3 Paper Buildings.

Information Law analysis: The High Court dismissed six claims arising from alleged historic unlawful information gathering by Associated Newspapers, principally for misuse of private information, with Baroness Lawrence also alleging breach of confidence. Mr Justice Nicklin held that general evidence of newsroom culture, use of private investigators, missing documents and propensity could not substitute for incident-specific proof of the pleaded acquisition method and attribution to the publisher. The judgment emphasises precise pleading, reliable evidential provenance and carefully founded adverse inferences in historic claims. It also illustrates the fact-sensitive operation of section 32 of the Limitation Act 1980 (LA 1980): time runs once a claimant knows, or could with reasonable diligence discover, enough to recognise a worthwhile claim, even if later evidence strengthens it. Produced in partnership with Adam Richardson of 4-5 Gray's Inn Square.

A settlement of land falling under the Settled Land Act 1925. It is no longer possible to create such a settlement, but some strict settlements remain in existence.