misrepresentation – Page 2 – Current Awareness

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.’

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.’

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.’

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.

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.’

Law Society's Gazette, 26th July 2019

Source: www.lawgazette.co.uk

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

Posted June 21st, 2019 in conveyancing, misrepresentation, news, planning, right to light, solicitors, summary judgments by tracey

‘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.’

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.’

BBC News, 8th April 2019

Source: www.bbc.co.uk

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

Posted December 17th, 2018 in barristers, costs, deceit, disciplinary procedures, licensing, misrepresentation, news, professional conduct, solicitor advocates, solicitors by sally

‘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.’

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.’

OUT-LAW.com, 19th November 2018

Source: www.out-law.com

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

Posted October 19th, 2018 in conflict of interest, misrepresentation, news, prosecutions, solicitors, Solicitors Regulation Authority by sally

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

Legal Futures, 19th October 2018

Source: www.legalfutures.co.uk

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

Posted August 13th, 2018 in advertising, insurance, intellectual property, misrepresentation, news, trade names by sally

‘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.’

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.’

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.’

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’.’

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.’

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

Posted April 26th, 2018 in costs, disciplinary procedures, evidence, fees, misrepresentation, news, professional conduct, solicitors, tribunals by sally

‘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.’

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.’

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.’

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.’

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.’

Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

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