War medal fakers should face criminal charges, say MPs – BBC News

Posted November 22nd, 2016 in armed forces, bills, crime, fraud, misrepresentation, news, reports, war by sally

‘Impostors who wear military medals they are not entitled to should be liable to criminal charges, MPs say.’

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BBC News, 22nd November 2016

Source: www.bbc.co.uk

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Set up new watchdog to call out false claims in referendum campaigns, report recommends – The Independent

Posted September 1st, 2016 in elections, misrepresentation, news, referendums, reports by sally

‘The Government should designate an official public body as a watchdog to intervene when factually incorrect political claims are made in future referendums, it has been recommended.’

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The Independent, 31st August 2016

Source: www.independent.co.uk

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Timeshare mis-selling: An Introduction to the Problem – Park Square Barristers

Posted August 24th, 2016 in contracts, EC law, misrepresentation, news, time sharing by sally

‘I have recently been getting to grips with the complex world of timeshare contracts and timeshare mis-selling. This requires the mastery of a very wide spectrum of legal doctrines and concepts which are not often wedded together in practice: simple contract, and from that misrepresentation actions (they are hard, and include therein a knowledge of exclusion clause and entire agreement clause law), time share regulation legislation, land law, service charge law, private international law, club law, consumer credit law (which is crucial), and EU and “consumer law” – which, as anyone who knows anything about the Bank Charges litigation knows, is a very difficult legal landscape in its own right.’

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Park Square Barristers, 11th August 2016

Source: www.parksquarebarristers.co.uk

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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Mortgage Express V. Lambert – Radcliffe Chambers

Posted August 23rd, 2016 in debts, housing, internet, misrepresentation, mortgages, news, setting aside by sally

‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’

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Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com

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‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

Posted August 12th, 2016 in contracts, disclosure, insurance, misrepresentation, news by sally

‘Sweeping changes to UK commercial insurance law described as the “biggest overhaul since the introduction of the 1906 Marine Insurance Act” come into force today.’

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OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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High Court ruling due on whether new Labour members can vote in leadership contest – Daily Telegraph

‘A High Court judge is ruling on a bid by five new members of the Labour Party who have “paid their dues” for the legal right to vote in the forthcoming leadership election.’

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Daily Telegraph, 8th August 2016

Source: www.telegraph.co.uk

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Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

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Ministry of Justice, 29th July 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Buyer beware – Hardwicke Chambers

Posted July 26th, 2016 in damages, deposits, misrepresentation, news, penalties, rescission, sale of land by sally

‘William Griffiths QC is a successful silk but was the unsuccessful defendant in the widely reported case of Hardy v Griffiths [2014]. Mr and Mrs Griffiths had exchanged contracts with the claimant, Mr Hardy, to buy Laughton Manor for £3.6m and paid £150,000 on account of the 10% deposit, the contract incorporating the Standard Conditions of Sale (SCS).’

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Hardwicke Chambers, 25th July 2016

Source: www.hardwicke.co.uk

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Three jailed for selling drugged horses to hide health and behavioural problems – Crown Prosecution Service

‘Three people have been jailed for their roles in selling horses with physical ailments or behavioural issues to unsuspecting members of the public.’

Full press release

Crown Prosecution Service, 11th July 2016

Source: www.cps.gov.uk

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Legal Services Board hits out at Law Society for “misrepresenting” its views on McKenzie Friends – Legal Futures

‘The Legal Services Board (LSB) has accused the Law Society of misrepresenting its views on McKenzie Friends.’

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Legal Futures, 14th June 2016

Source: www.legalfutures.co.uk

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Illegal immigrant exploited FGM laws to stay in Britain – Daily Telegraph

‘An illegal immigrant from Nigeria was granted leave to remain in Britain after falsely alleging that her daughters would be subjected to female genital mutilation if they were sent back.’

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Daily Telegraph, 8th May 2016

Source: www.telegraph.co.uk

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South Yorkshire PCC Alan Billings to investigate Hillsborough police ‘spin’ – BBC News

‘South Yorkshire’s re-elected police and crime commissioner will investigate claims that a former police press officer was asked to “spin” news during the Hillsborough inquests.’

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BBC News, 7th May 2016

Source: www.bbc.co.uk

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Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

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Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

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Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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Court of Appeal slashes award in law firm sale dispute – Legal Futures

Posted January 29th, 2016 in appeals, contracts, damages, economic loss, law firms, misrepresentation, news by tracey

‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’

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Legal Futures, 29th January 2016

Source: wwww.legalfutures.co.uk

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Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

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Free Movement, 9th December 2015

Source: www.freemovement.org.uk

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Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

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Users who post ‘fake’ Amazon reviews could end up in court – Daily Telegraph

‘Online retail giant files papers in the United States against more than 1,000 people, claiming that its brand reputation is being tarnished by ‘false, misleading and inauthentic’ reviews.’

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Daily Telegraph, 18th October 2015

Source: www.telegraph.co.uk

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Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

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Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

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