Fraud divorce case goes to Supreme Court – Law Society’s Gazette

‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’

Full story

Law Society’s Gazette, 5th September 2014

Source: www.lawgazette.co.uk

Comments Off

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Comments Off

Senior police officer faces jail after fraud scam – Daily Telegraph

‘A senior police officer has been sacked and could face a jail sentence after she was caught scamming high street stores out of hundreds of pounds. Tanya Brookes was a chief inspector at Surrey Police when she committed “an extensive range of petty frauds” against household names including The White Company and Boots.’

Full story

Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

Comments Off

Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

Full story

Legal Week, 18th February 2014

Source: www.legalweek.co.uk

Comments Off

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Comments Off

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by tracey

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

Full story

Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Comments Off

Third time unlucky for solicitor as High Court rejects challenge to strike-off – Legal Futures

‘It was third time unlucky for a solicitor whose striking-off had twice been overturned by the High Court, as Mr Justice Mostyn yesterday rejected his challenge to the latest decision to remove him from the roll.’

Full story

Legal Futures, 21st November 2013

Source: www.legalfutures.co.uk

Comments Off

Rihanna takes on Topshop: Get my face off that t-shirt! – OUP Blog

Posted November 18th, 2013 in consent, copyright, misrepresentation, news, privacy, trade marks by sally

“Robyn Fenty — Rihanna to most of us — enjoyed victory in the English High Court earlier this year when she succeeded in stopping High Street fashion retailer Topshop from selling an unauthorised t-shirt bearing her image. 12,000 units of this t-shirt were sold, most at £22 each.”

Full story

OUP Blog, 15th November 2013

Source: www.blog.oup.com

Comments Off

The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

Full story

NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

Comments Off

Website’s driving test claims banned by ASA – Daily Telegraph

Posted September 19th, 2013 in advertising, driving licences, misrepresentation, news by sally

“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”

Full story

Daily Telegraph, 18th September 2013

Source: www.telegraph.co.uk

Comments Off

Passing off – Fenty v Topshop – NIPC Law

Posted September 10th, 2013 in intellectual property, misrepresentation, news, photography, sale of goods by tracey

“Mr. Justice Birss summarized the issues in Fenty and Others v Arcadia Group Brands Ltd (t/a Topshop) and Another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 admirably in paragraph [1] of his judgment in that case: ‘Topshop is a well known fashion retailer. Rihanna is a famous pop star. In March 2012 Topshop started selling a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contends that the sale of this t-shirt without her permission infringes her rights. Topshop does not agree. This action is the result.’ ”

Full story

NIPC Law,  10th September 2013

Source: www.nipclaw.blogspot.co.uk

Comments Off

Rihanna wins Topshop T-shirt court case – BBC News

Posted August 1st, 2013 in intellectual property, misrepresentation, news, photography by sally

“Pop singer Rihanna has won a legal battle with clothing retailer Topshop over a T-shirt bearing her image.”

Full story

BBC News, 31st July 2013

Source: www.bbc.co.uk

Comments Off

LIBOR Cases – A Return to Normality? – Littleton Chambers

Posted April 17th, 2013 in amendments, banking, financial regulation, interest, misrepresentation, news by sally

“Last year I discussed Mr Justice Flaux’s decision in Graiseley Properties Limited and others v Barclays Bank plc [2012] EWHC 3093 (Comm) (see Littleton Comment on 4 December 2012). In that case Flaux J. had allowed amendments to plead fraudulent misrepresentation and breach of implied terms in relation to LIBOR which smoothed the path to claims which were, in essence, that the Bank had sold LIBOR-related products when it knew that its employees were attempting to ‘rig’ LIBOR rates for their own purposes (i.e. making their trades profitable) and that such conduct would disadvantage clients who relied on the Bank not attempting to manipulate LIBOR rates. Although I pointed out that allowing the amendments, which lacked the particularity to be expected, was unusual, I also observed that ‘This is a welcome and realistic approach to the difficulties faced by customers in claims against banks.'”

Full story

Littleton Chambers, 15th April 2013

Source: www.littletonchambers.com

Comments Off

Gordon Brown’s PCC complaint against Sunday Times rejected – the Guardian

Posted March 4th, 2013 in codes of practice, complaints, expenses, fees, media, misrepresentation, news by sally

“Gordon Brown’s complaint to the Press Complaints Commission over a Sunday Times story about the more than £2m in fees and expenses received since he stepped down as prime minister has been rejected.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

Comments Off

VTB Capital plc v Nutritek and others – WLR Daily

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Comments Off

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Repeal of property sales law will pose risks for housebuilders, says expert – OUT-LAW.com

“The Government’s decision to repeal a law designed for regulating property sales and rely on general consumer protection legislation instead will expose housebuilders to new risks and increase their costs at a time when they can scarcely afford it.”

Full story

OUT-LAW.com, 15th October 2012

Source: www.out-law.com

Comments Off

Tchenguiz Brothers’ search warrants ruled unlawful – BBC News

Posted August 1st, 2012 in misrepresentation, news, search & seizure, Serious Fraud Office, warrants by sally

“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”

Full story

BBC News, 31st July 2012

Source: www.bbc.co.uk

Comments Off

Sky’s ‘totally unlimited broadband’ claims not misleading, ASA rules – OUT-LAW.com

Posted July 24th, 2012 in advertising, internet, misrepresentation, news by tracey

“A major UK internet service provider’s (ISP’s) claim that it could offer a ‘totally unlimited broadband’ service to customers was not misleading, despite the fact the service would contain ‘inherent limitations’, the Advertising Standards Authority (ASA) has ruled.”

Full story

OUT-LAW.com, 23rd July 2012

Source: www.out-law.com

Comments Off