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

Full Story

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


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.’

Full story

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.’

Full story

OUT-LAW.com, 12th August 2016

Source: www.out-law.com