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05 April 2012
Issue: 7509 / Categories: Legal News
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Fightback against scams

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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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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