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.’

Full Story

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.’

Full Story

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.’

Full Story

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’.’

Full Story

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 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.’

Full Story

Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

Full Story

Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Park Square Barristers, 18th October 2017

Source: www.parksquarebarristers.co.uk