Amazon adverts banned for ‘misleading’ customers over savings – BBC News

Posted April 5th, 2018 in advertising, complaints, misrepresentation, news, sale of goods by sally

‘Four Amazon adverts for electronic devices have been banned for “misleading” customers over potential savings.’

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BBC News, 4th April 2018

Source: www.bbc.co.uk

Step-parent adoption order set aside where court misled – Halsbury’s Law Exchange

Posted March 23rd, 2018 in adoption, misrepresentation, news, setting aside by tracey

‘Family analysis: A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.’

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Halsbury’s Law Exchange, 22nd March 2018

Source: blogs.lexisnexis.co.uk

Essay-writing company’s adverts banned – BBC News

Posted March 22nd, 2018 in advertising, misrepresentation, news, universities by sally

‘An essay-writing company has had its adverts banned after they were deemed to be misleading to students.’

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BBC News, 21st March 2018

Source: www.bbc.co.uk

University vows to robustly defend legal action over quality of degree course – Local Government Lawyer

Posted March 14th, 2018 in contracts, misrepresentation, news, universities by sally

‘Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Doorstep lender to return £169m to customers – BBC News

Posted February 27th, 2018 in consumer credit, financial regulation, fines, loans, misrepresentation, news by tracey

‘A division of troubled lender Provident Financial has been told to pay almost £169m in compensation to customers. The Financial Conduct Authority (FCA) said Provident’s Vanquis unit failed to properly disclose charges on one of its popular repayment plans.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

Surgeon who lied about experience jailed for six years – BBC News

Posted February 6th, 2018 in doctors, misrepresentation, negligence, news, sentencing by tracey

‘A surgeon who lied about the number of operations he had carried out to get a lucrative job has been jailed for six years.’

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BBC News, 5th February 2018

Source: www.bbc.co.uk

High Court on ‘fundamental dishonesty’ – it must have a “substantial affect” on case – Litigation Futures

Posted January 23rd, 2018 in misrepresentation, news, personal injuries by sally

‘A personal injury claimant’s dishonest actions must “substantially affect” the presentation of his case if the court is to make a finding of ‘fundamental dishonesty’, the High Court has ruled.’

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Litigation Futures, 22nd January 2018

Source: www.litigationfutures.com

Damages for Passing off – The National Guild of Removers & Storers Ltd. v Central Moves – NIPC Law

Posted January 8th, 2018 in appeals, damages, intellectual property, misrepresentation, news, trade unions by sally

‘This was an appeal by the National Guild of Removers & Storers (“NGRS”) against an award of £1,275 damages in its favour by District Judge Vary for passing off. By dismissing that appeal, His Honour Judge Hacon seems to have settled a 7 year controversy as to what should be the correct measure of damages for what is often an inadvertent misrepresentation of continued membership of the NGRS by a removal or storage business that no longer wishes to remain a member of that guild.’

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NIPC Law, 7th January 2018

Source: nipclaw.blogspot.co.uk

Dating website eHarmony’s ‘scientific’ match ad banned – BBC News

Posted January 4th, 2018 in advertising, complaints, misrepresentation, news by sally

‘A dating website’s claim that it used a “scientifically proven matching system” to pair up those looking for love, has been banned.’

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BBC News, 3rd January 2018

Source: www.bbc.co.uk

Broadband firms must ditch ‘misleading’ speed ads – BBC News

Posted November 23rd, 2017 in advertising, internet, misrepresentation, news, telecommunications by sally

‘Broadband firms will no longer be able to advertise their fast net services based on the speeds just a few customers get, from May next year.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

ASA puts onus on law firms to stop using Law Society’s “misleading” CQS claim – Legal Futures

Posted November 23rd, 2017 in advertising, law firms, Law Society, misrepresentation, news, quality assurance by sally

‘All of the 3,000 law firms accredited under the Law Society’s Conveyancing Quality Scheme (CQS) need to ensure they are not using in their own marketing the society’s description of the scheme that was yesterday ruled to be misleading, it has emerged.’

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Legal Futures, 23rd November 2017

Source: www.legalfutures.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

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