misrepresentation – Page 4 – Current Awareness

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.’

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.’

OUT-LAW.com, 12th August 2016

Source: www.out-law.com

High Court ruling due on whether new Labour members can vote in leadership contest – Daily Telegraph

Posted August 8th, 2016 in class actions, contracts, costs, elections, interpretation, misrepresentation, news, political parties by sally

‘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.’

Daily Telegraph, 8th August 2016

Source: www.telegraph.co.uk

Claims Management Regulator – Misleading marketing statements – Ministry of Justice

Posted August 1st, 2016 in claims management, codes of practice, compensation, consumer protection, fees, insurance, misrepresentation, press releases, time limits by Mark L

‘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.’

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).’

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

Posted July 14th, 2016 in animals, conspiracy, misrepresentation, press releases, sale of goods, sentencing by tracey

‘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

Posted June 14th, 2016 in consultations, Law Society, Legal Services Board, McKenzie friends, misrepresentation, news by sally

‘The Legal Services Board (LSB) has accused the Law Society of misrepresenting its views on McKenzie Friends.’

Legal Futures, 14th June 2016

Source: www.legalfutures.co.uk

Illegal immigrant exploited FGM laws to stay in Britain – Daily Telegraph

Posted May 9th, 2016 in children, families, female genital mutilation, immigration, misrepresentation, news by sally

‘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.’

Daily Telegraph, 8th May 2016

Source: www.telegraph.co.uk

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

Posted May 9th, 2016 in evidence, inquests, media, misrepresentation, news, police, professional conduct, sport, unlawful killing by sally

‘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.’

BBC News, 7th May 2016

Source: www.bbc.co.uk

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

Posted April 13th, 2016 in banking, compensation, consumer protection, contracts, damages, financial services ombudsman, fines, misrepresentation, news, personal injuries, statutory duty by sally

‘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.’

Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

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

Posted March 29th, 2016 in conveyancing, documents, land registration, law firms, misrepresentation, mortgages, negligence, news by sally

‘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.’

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.’

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

Posted December 9th, 2015 in appeals, burden of proof, costs, EC law, fraud, immigration, marriage, misrepresentation, news, tribunals by sally

‘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).’

Free Movement, 9th December 2015

Source: www.freemovement.org.uk

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

Posted December 7th, 2015 in appeals, consent orders, disclosure, divorce, families, financial dispute resolution, financial provision, misrepresentation, news, setting aside, Supreme Court by sally

‘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.’

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

Posted October 19th, 2015 in competition, consumer protection, internet, misrepresentation, news, professional conduct by sally

‘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.’

Daily Telegraph, 18th October 2015

Source: www.telegraph.co.uk

Trial judge and costs. Ooops – Nearly Legal

Posted October 12th, 2015 in appeals, costs, damages, expert witnesses, housing, landlord & tenant, local government, misrepresentation, negligence, news, statutory duty by tracey

‘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.’

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.’

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.’

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.’

Litigation Futures, 18th February 2015

Source: www.litigationfutures.com

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