Gosh! Where has Ghosh gone? – White Collar Crime Blog

Posted November 2nd, 2017 in appeals, jury directions, misrepresentation, news, Supreme Court by tracey

‘Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67 On appeal from [2016] EWCA Civ 1093. The Supreme Court has today unanimously declared that the second stage of the Ghosh test of dishonesty does not correctly represent the law, and that directions based upon it ought no longer to be given by judges to juries.’

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White Collar Crime Blog, 28th October 2017

Source: www.2harecourt.com

David Partington discusses: Time Share Mis Selling – An Introduction to Alternative Strategies – Park Square Barristers

Posted October 20th, 2017 in consumer credit, contracts, limitations, misrepresentation, news by sally

‘The standard, if unimaginative, attack on a timeshare contract is an action in breach of contract and claiming or claiming and damages under section 2(1) of the Misrepresentation Act 1967. This is a perfectly logical and valid start, but as I have written before, and will write again, the classic action in misrepresentation is a very cumbersome and formalistic cause of action. It is a construction rooted in Victorian values, and the axiom caveat emptor (buyer beware) is part of its legal DNA. No doubt it worked very well where gentlemen in stove pipe hats were buying and selling new parts for their latest foundry; it also works well when you have purchased a company after a comprehensive due diligence process and there are written representation and accounts to pore over. It is much more difficult to deploy in the modern world where “consumers” (not a concept with which the Victorians would have been comfortable) are being subject to what may loosely but accurately be called “high pressure selling techniques” which employ a mixture of half-truths and psychological exploitation.’

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Park Square Barristers, 18th October 2017

Source: www.parksquarebarristers.co.uk

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by tracey

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

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Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk

Dragons’ Den-backed fake tan misled users, watchdog rules – BBC News

Posted October 19th, 2017 in advertising, media, misrepresentation, news by tracey

‘A self-tanning product launched with the help of investment from the Dragons’ Den panel has been found to mislead customers. The Advertising Standards Authority (ASA) found claims by Skinny Tan that its product could “tone” or give “less visible cellulite” could not be proven. Claims that the product was 100% natural were also found to be misleading.’

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BbC News, 18th October 2017

Source: www.bbc.co.uk

Insurer Justified in Refusing Indemnity for Misrepresentation – Park Square Barristers

‘Last month I discussed the Court of Appeal decision in Ashfaq v International Insurance Company of Hannover PLC [2017] EWCA Civ 357 in which the insurers were held to be entitled to avoid a commercial landlord policy on grounds of non-disclosure of pending criminal proceedings. The Courts again considered avoidance for misrepresentation and non-disclosure in this latest case heard by Judge Slater in the Queens Bench Division.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Former NHS manager jailed for lying about his qualifications – Crown Prosecutions Service

Posted March 7th, 2017 in health, misrepresentation, press releases, sentencing by tracey

‘A senior NHS boss who lied about his qualifications in order to gain jobs in the health sector has been given a two-year prison sentence at Exeter Crown Court today (6 March).’

Full press release

Crown Prosecutions Service, 6th March 2017

Source: www.cps.gov.uk

TIME SHARE TEST CASE REVIEWED – Park Square Barristers

Posted February 20th, 2017 in contracts, EC law, misrepresentation, news by sally

‘When I first started to move from the research to active case work in respect of timeshare litigation last year, I found that the Opinions which I had to write were extremely long and extremely challenging. In fact, the first two written Opinions exceeded 14,000 words each. If nothing else, the recent long awaited decision in Abbott v RCI Europe (“Abbott”) confirmed that I had not been guilty of narcissistic prolixity.’

Full story (PDF)

Park Square Barristers, 11th January 2017

Source: www.parksquarebarristers.co.uk

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

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

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

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

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

‘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

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

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

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

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

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

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