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Fightback against scams

05 April 2012
Issue: 7509 / Categories: Legal News
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Rip-off traders & scam merchants targeted by Law Commissions

Consumers would be given extra protection against rip-off traders and scam merchants, under legal reforms proposed by the Law Commission and Scottish Law Commission.

The commissioners’ report, Consumer Redress for Misleading and Aggressive Practices, published last week, recommends a new legal right of redress against traders that carry out misleading or aggressive practices. Consumers would be entitled to a refund or a discount on the price, and damages could be available if the unfair practice caused additional loss. The new law would also cover situations where companies aggressively harass consumers for payment, where remedies would include refund or damages for distress.

Law Commissioner David Hertzell says: “By simplifying the law, our recommended reforms will give more confidence to consumers and help drive rogue traders out of the market place, where currently they damage the reputation and livelihood of good, honest businesses.”

Citizens Advice chief executive Gillian Guy says: “The law has neglected to recognise that people should get their money back when they have been subjected to pressure selling.

“Complex laws on misrepresentation have also failed consumers who have been blatantly misled by sales people. We need a simple consumer law to help consumers get a refund or compensation in these cases so that shoppers aren’t left with a sting in their pocket, and we need it fast.”

Issue: 7509 / Categories: Legal News
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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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