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.’

Full story

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.’

Full text

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).’

Full story

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.’

Full story

Daily Telegraph, 8th May 2016

Source: www.telegraph.co.uk

South Yorkshire PCC Alan Billings to investigate Hillsborough police ‘spin’ – BBC News

‘South Yorkshire’s re-elected police and crime commissioner will investigate claims that a former police press officer was asked to “spin” news during the Hillsborough inquests.’

Full story

BBC News, 7th May 2016

Source: www.bbc.co.uk

Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

Full story

Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

Full story

Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

Court of Appeal slashes award in law firm sale dispute – Legal Futures

Posted January 29th, 2016 in appeals, contracts, damages, economic loss, law firms, misrepresentation, news by tracey

‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’

Full story

Legal Futures, 29th January 2016

Source: wwww.legalfutures.co.uk

Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

Full story

Free Movement, 9th December 2015

Source: www.freemovement.org.uk

Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

Full story

Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

Users who post ‘fake’ Amazon reviews could end up in court – Daily Telegraph

‘Online retail giant files papers in the United States against more than 1,000 people, claiming that its brand reputation is being tarnished by ‘false, misleading and inauthentic’ reviews.’

Full story

Daily Telegraph, 18th October 2015

Source: www.telegraph.co.uk

Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

Full story

Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order – Litigation Futures

Posted April 21st, 2015 in appeals, costs, damages, misrepresentation, negligence, news by sally

‘Lord Justice Jackson has shown his merciful side in overturning a “swingeing” costs order which would have wiped out the £75,000 damages won by the claimant in a housing case.’

Full story

Litigation Futures, 21st April 2015

Source: www.litigationfutures.com

Those who settle claims “with eyes wide open” cannot revive them, appeal judges tell insurer – Litigation Futures

Posted April 2nd, 2015 in insurance, misrepresentation, news, personal injuries by sally

‘An insurer cannot use the law of misrepresentation to unpick a personal injury settlement made with its “eyes wide open”, the Court of Appeal has ruled.’

Full story

Litigation Futures, 1st April 2015

Source: www.litigationfutures.com

ATE insurer not estopped from avoiding policy, High Court rules – Litigation Futures

Posted February 19th, 2015 in costs, estoppel, fraud, insolvency, insurance, misrepresentation, news by sally

‘After-the-event (ATE) insurer Temple Legal Protection was not estopped from avoiding payment on a policy after a fraudulent misrepresentation, the High Court has ruled.’

Full story

Litigation Futures, 18th February 2015

Source: www.litigationfutures.com

Rihanna and image rights – Law Society’s Gazette

‘The singer’s recent trademark win over Topshop isn’t necessarily good news for celebrity claimants; each case will be taken on its merits.’

Full story

Law Society’s Gazette, 3rd February 2015

Source: www.lawgazette.co.uk

Topshop ordered to pay Rihanna’s legal costs – Daily Telegraph

Posted February 3rd, 2015 in appeals, costs, intellectual property, misrepresentation, news by tracey

‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’

Full story

Daily Telegraph, 3rd February 2015

Source: www.telegraph.co.uk

Court of Appeal upholds Birss J in Rihanna’s Case – NIPC Law

Posted January 27th, 2015 in appeals, intellectual property, misrepresentation, news, trade marks by sally

‘In Fenty and Others v Arcadia Group Brands Ltd and another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 Mr Justice Birss gave judgment to Robyn Rihanna Fenty (better known as Rihanna) and her corporate licensing companies against Top Shop for selling a t-shirt that reproduced a photo of the singer. The claim was brought not for infringement of copyright since the owner of the copyright in the photograph had licensed the reproduction of his work but for passing off. Rihanna and her companies had claimed that the t-shirt misrepresented authorization or approval of the manufacture and distribution of the garments and that such misrepresentation damaged her commercial activities. I wrote about the case in Passing off – Fenty v Topshop 10 Sept 2013 and readers are referred to that note for an appreciation of the judgment.’

Full story

NIPC Law, 24th January 2015

Source: www.nipclaw.blogspot.co.uk