Month: April 2018

FCO Minister Harriett Baldwin said;

The British Government is deeply concerned by the conviction in Vietnam of six members of the Brotherhood for Democracy for attempting to overthrow the regime and the harsh sentencing of 66 years in prison.

We do not believe that the peaceful expression of views on Vietnam’s own political system, or promotion of basic and universal human rights, should constitute a criminal offence. Freedom of expression and association are enshrined within both Vietnam’s own 2013 constitution and the international commitments to which Vietnam is a party.

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Coard Hulse and Philip Roy Dawson ran The Saracens Head pub in Lymm, between 2006 and 2016.

But over a 10-year period, eight different companies were registered as the corporate entities to run the pub.

When one of the registered companies became insolvent, the two pub landlords would register a new company and carry on running the pub without making any significant changes to their operations.

As the new company did not take on the previous company’s debts, it meant Coard Hulse and Philip Dawson would avoid paying their creditors.

An investigation by the Insolvency Service found that Coard Hulse and Philip Dawson either were, or acted as, directors of each of the companies and most of the companies traded for one year or less before going into liquidation.

The eight companies were placed into liquidation between August 2008 and October 2016, with creditors losing out to an estimated total of £335,000.

The disqualifications started from 27 February 2018 and prevent Coard Hulse and Philip Dawson from directly or indirectly becoming involved in the promotion, formation or management of a company until February 2025.

Robert Clarke, of the Insolvency Service, said:

The undertakings signed by Mr Hulse and Mr Dawson send a clear message to other company directors that if you fail to learn from previous company failures and run businesses where creditors lose out in this way, you will be investigated by the Insolvency Service. As a result, you will be stripped of the protection of limited liability for a lengthy period.

Notes to editors

Mr Coard Hulse’s date of birth is May 1974 and he resides in Wilmslow.

Mr Philip Roy Dawson’s date of birth is January 1970 and he resides in Wilmslow.

All companies traded as a public house from Paddock Lane, Warburton, Lymm, WA13 9TH:

• D & H Pub Limited was incorporated on 8 July 2008 and was placed into Liquidation on 15 June 2009.
• Rockstone Limited was incorporated on 27 February 2009 and was placed into Liquidation on 6 July 2010.
• Inntreprenur Cheshire Limited was incorporated on 24 May 2010 and was placed into Liquidation on 16 November 2012.
• Eastermoor Limited was incorporated on 10 February 2011 and was placed into Liquidation on 26 January 2012.
• Selva Cheshire Limited was incorporated on 25 May 2011and was placed into Liquidation on 16 November 2012.
• Exonet Solutions Limited was incorporated on 8 July 2008 and was placed into Liquidation on 15 June 2009.
• Tuco Inn Limited was incorporated on 8 October 2014 July 2008 and was placed into Liquidation on 23 February 2016.
• Alpha Tauri Limited was incorporated on 15 January 2016 and was placed into Liquidation on 20 October 2016.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

• act as a director of a company
• take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
• be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

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Media enquiries for this press release – 020 7637 6498 or 020 7596 6187

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Fans of live events are set to benefit from new rules coming into force today (6 April) which will demand more information from sellers on secondary ticket websites to better protect fans from rip-off prices.

For the first time resellers will have to quote the ‘unique ticket number’ (UTN) to a buyer, if the event organiser specifies one, helping to identify the ticket’s seat, standing area or location.

Current guidance requiring the disclosure of any restrictions and the original price of tickets have also been clarified today in order to improve compliance from businesses, ensuring better deals for customers.

Consumer Minister Andrew Griffiths said:

Fans have a right to know exactly what they’re signing up to on ticket resale websites, but all too often people are left feeling ripped off when the ticket doesn’t match expectations.

We are already taking steps to crack down on touts using “bots” to bulk buy tickets for resale and today’s new rules will also improve transparency in this market.

Adam Webb, Campaign Manager, FanFair Alliance said:

So-called secondary ticketing sites should now have complete clarity of their legal obligations.

Combined with enforcement action, these welcome updates and additions to consumer law will result in greater protection for audiences and help development of a more transparent and fan-friendly ticket resale market.

Margot James, Minister for Digital and the Creative Industries, said:

We want real fans to get the chance to see their favourite stars at a fair price and we are clamping down on touts using bots to buy huge numbers of tickets, only to sell them on at rip-off prices.

These new measures will give consumers even greater protection and transparency in the secondary market, helping Britain’s live events scene to continue to thrive.

From today ticket resellers must:

• identify the location to which the ticket provides access – such as the particular seat or standing area of the venue
• disclose any restrictions around who can use the ticket or how it must be used (e.g. alongside ID of the original buyer)
• disclose the original price of the ticket
• reveal the details of connections they have with either the online facility on which they are selling, or the organiser of the event for which the ticket is being sold
• supply the unique ticket number (UTN) to a buyer if the event organiser specifies one.

Today’s rules demonstrate a further commitment from government to improve conditions for consumers in the secondary market. The Competition and Markets Authority is taking enforcement action against secondary ticketing websites suspected of breaking consumer law, whilst the Advertising Standards Authority has acted to clamp down on misleading prices and charges on secondary ticketing websites.

New guidance was published last month to help prepare business for these changes, providing clarity to ensure they comply while also securing a better deal for consumers.

Citizens Advice provide information for consumers about buying event tickets and how to make sure a ticketing site is genuine.

Citizens Advice consumer helpline: 03454 04 05 06

Rogue landlords who rent out substandard properties face being forced out of the sector as new banning orders are brought in and a national database of offenders goes live today (6 April 2018).

Landlords convicted of a range of housing, immigration and other criminal offences such as leasing overcrowded properties, fire and gas safety offences and unlawful eviction, will be put on the new database, so councils can share information between themselves and keep a closer eye on those with a poor track record.

The private rented sector houses 4.7 million households in England and the government is delivering these reforms under the Housing and Planning Act 2016 so everyone has a safe and decent place to live.

Minister for Housing and Homelessness Heather Wheeler said:

I am committed to making sure people who are renting are living in safe and good quality properties. That’s why we’re cracking down on the small minority of landlords that are renting out unsafe and substandard accommodation.

Landlords should be in no doubt that they must provide decent homes or face the consequences.

The database will be available to use by councils to crackdown on poor and unfair practice in the private rented sector such as overcrowded, squalid or dangerous accommodation, and to help target their enforcement action.

Landlords convicted of offences under the government’s new law may also be given banning orders preventing them from leasing accommodation for a period of time, ranging from 12 months to life. Councils must record details of any landlord or property agent who has received a banning order on the database. Landlords that ignore a banning order will face criminal sanctions including up to 6 months imprisonment and an unlimited fine.

The department will be able to use the database to publish regular updates on the number of landlords and agents who have been banned, convicted of a banning order offence or received two or more civil penalties, broken down by local authority area.

These measures follow the announcement that councils are also being given tough new powers to tackle the small minority of rogue landlords who rent out overcrowded properties and impose fines of up to £30,000 for those landlords who do not comply. Overcrowded and poor quality housing can result in excess noise, increased demand on local services such as waste collection and anti-social behaviour generally, which is why the government is determined to crack down on it.

Public safety is paramount which is why this government will support further measures proposed by Karen Buck MP in a Private Member’s Bill to protect tenants in both the social and private rented sectors. This forms part of the government’s plan to ensure a safer and stronger housing market that works for everyone.

Further information

The Housing and Planning Act 2016 introduced a range of measures to tackle rogue landlords:

• civil penalties of up to £30,000 as an alternative to prosecution – came into force April 2017
• extension of Rent Repayment Orders to cover illegal eviction and/ or failure to comply with a statutory notice – came into force in April 2017. Rent Repayment Orders will also cover breach of a banning order from 6 April 2018.

Government has worked with Karen Buck MP to draft and publish the Private Member’s Bill on Homes (Fitness for Human Habitation and Liability of Housing Standards).

The following guidance for local housing authorities has been published:

• the database of rogue landlords and property agents
• banning orders
• civil penalties
• rent repayment orders

The new service, introduced by HM Courts & Tribunals Service (HMCTS), can be used to start a claim against anyone in England and Wales, and provides a quicker, more user-friendly way to start an action in the County Court for amounts up to £10,000.

Rather than having to fill in and post a paper form, or use an outdated online system from 2002, the new pilot allows people to issue their County Court claim more easily, settle the dispute online and recommends mediation services – which can save time, stress, and money.

More than 1,400 people have already used an earlier pilot of the system launched in August last year. Over 80% of those early users, including individuals and small businesses, found the service very good and easy to use. Early evidence suggests that the online system has improved access to justice as engagement from defendants has improved.

Launching the new service, Justice Minister Lucy Fraser said:

We know that using the civil courts has been a daunting prospect for some. This innovative, quick and easy online system will enable people and small businesses to get back the money that is rightly owed to them.

This is an excellent example of the work we are doing under our £1billion plan to transform the courts system, allowing people to access justice online and around their busy lives.

Justice Birss, who chairs the sub-committee of the Civil Procedure Rules Committee dealing with this Civil Money Claims pilot scheme, said:

This is an important step in the modernisation of our courts and tribunals system.

For too long the perceived delays and complexity of the system have put off too many people from using the civil courts to make a small claim. When it is complete this new online route will give members of the public and small businesses a more user-friendly way to access justice. The system now being made available to the public is the first stage in that new route.

Laura Iron, head of service at the Personal Support Unit, a charity supporting people who choose to represent themselves in the civil and family justice system, said:

“The PSU welcomes the new online system: It avoids most of the formal legal language of traditional court processes, and is much more intuitive for users. While traditional processes are still the norm, this is a clear step forward for people who are comfortable with online processes. It reflects the commitment of HMCTS to designing an improved range of services tailored to the different needs of all court-users.”

The initiative is an important first step in the modernisation of the civil justice system and begins to deliver the vision set out by Lord Briggs in his 2016 report on the structure of civil courts, where he called for claims worth up to £25,000 to be solved in an online court. It is launched after a year of development with members of the judiciary, representatives from the advice and legal community and users, and will continue to be piloted while other aspects of an end-to-end online system are developed.

The move is part of the Government’s £1 billion investment to modernise the court service, making it swifter, simpler, and easier to access for everyone. HMCTS is exploring how justice can best be served in the digital age.

Other examples of the Government’s court reforms which are making access to justice easier for everyone include:

• A new service which allows people to submit their tax appeals online – drastically cutting the number of applications being returned as incomplete or inaccurate
• Launching the first divorce application services online – making the process easier to understand for divorce applicants and helping to progress applications
• A new paperless system, in operation at Lavender Hill Magistrates’ Court, which means thousands of cases involving fare evasion are processed more swiftly and effectively.