Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

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Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

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Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

“Abusive” claim against lawyers in Jarndyce-style litigation struck out – Legal Futures

‘A High Court judge has struck out a £58m unlawful means conspiracy claim against a law firm, four solicitors and a QC, which she described as “structurally fatally flawed, abusive and lacking in pleadable substance”.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

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Family Law, 10th December 2019

Source: www.familylaw.co.uk

A ‘Law Check’ of Conservative Party HQ’s Fake Twitter ‘Fact Check’ – Church Court Chambers

Posted November 28th, 2019 in elections, fraud, internet, misrepresentation, news, political parties by sally

‘For even the most dyed in the wool Conservative voter, Conservative Central Headquarters’ decision to rename their twitter account as factcheckUK during Monday night’s leadership debates would have appeared unedifying. This conduct, which has the clear potential to mislead the public, goes beyond party lines and drifts into tactics that no one would properly describe as fair or opaque. Indeed, it is tactic one would expect to be utilised by one of the worlds autocratic regimes rather than by a major party in a democracy like the United Kingdom.’

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Court rejects appeal against judgment delivered after 18 months – Law Society’s Gazette

Posted July 26th, 2019 in appeals, debts, delay, fraud, judges, judgments, misrepresentation, news by tracey

‘Losing defendants in a civil claim have failed to overturn a judge’s ruling – despite it taking him 18 months from the end of proceedings to hand it down.’

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Law Society's Gazette, 26th July 2019

Source: www.lawgazette.co.uk

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’

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Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Jury dismissed in Barclays fraud trial – BBC News

Posted April 9th, 2019 in banking, conspiracy, fraud, juries, misrepresentation, news by sally

‘The jury in the fraud trial against four former Barclays bankers – including the former chief executive, John Varley – has been dismissed.’

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BBC News, 8th April 2019

Source: www.bbc.co.uk

Solicitor “led judge to believe” she was a barrister – Legal Futures

‘An experienced solicitor-advocate has been struck off for misleading a judge that she was a barrister and then misleading the solicitors on the other side who questioned her behaviour.’

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Legal Futures, 17th December 2018

Source: www.legalfutures.co.uk

Court of Appeal considers fraud vicarious liability test – OUT-LAW.com

Posted November 20th, 2018 in agency, fraud, misrepresentation, news, vicarious liability by sally

‘The Court of Appeal has overturned a finding of the High Court of fraudulent misrepresentation against a postal equipment supplier, on the grounds that it was not ‘vicariously liable’ for the dishonesty of its agent.’

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OUT-LAW.com, 19th November 2018

Source: www.out-law.com

SRA prosecutes solicitor for second time over same case – Legal Futures

‘The Solicitors Regulation Authority (SRA) is taking the unusual step of prosecuting a solicitor for the second time over the same issue.’

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Legal Futures, 19th October 2018

Source: www.legalfutures.co.uk

Passing off – The Military Mutual Ltd v Police Mutual Assurance Society Ltd – NIPC Law

‘The claimant arranges insurance and mortgages for past and present members of the armed forces. On the “About Us” page of its website, it describers itself as “a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces.” Note the use of the big letter “M” in mutual, That is a big part of the company’s ethos. It says that its “manifesto is very simple: always do the right thing for our Members.” The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as “customers and Members”. Anybody who acquires a policy or mortgage through the claimant company can become a member. Its business, however, is managed by Regis Mutual Management Limited.’

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NIPC Law, 10th August 2018

Source: nipclaw.blogspot.com

UK ruling offers lesson for banks on credit referencing – OUT-LAW.com

Posted July 27th, 2018 in agency, banking, economic loss, gambling, misrepresentation, news, Supreme Court by sally

‘Banks can learn a lesson from a new ruling issued by the UK Supreme Court on practices to adopt when providing credit references, according to a banking and finance litigation expert.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Passing off: NGRS. v Bee Moved – NIPC Law

Posted June 18th, 2018 in evidence, misrepresentation, news by sally

‘This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off. The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.’

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NIPC Law, 16th June 2018

Source: nipclaw.blogspot.com

CoA awards £60k damages against ‘unscrupulous’ fake firm fraudsters – Law Society’s Gazette

Posted June 18th, 2018 in damages, fraud, law firms, misrepresentation, news, solicitors by sally

‘The Court of Appeal has ruled that an insurance company is entitled to exemplary damages against fraudsters whose conduct was described as ‘outrageous’.’

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Law Society's Gazette, 15th June 2018

Source: www.lawgazette.co.uk

Vegan group’s advert wrongly linking cow’s milk to cancer is banned – Daily Telegraph

Posted May 17th, 2018 in advertising, cancer, complaints, food, misrepresentation, news, veganism by tracey

‘A vegan group’s “misleading” advert linking cow’s milk to cancer has been banned. The poster by activists Viva! triggered two complaints to watchdogs after being seen on buses in Bristol last September.’

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Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk