Not many prosecutions are brought under the Consumer Protection From Unfair Trading Regulations 2008, which are designed to protect consumers form the activities of unscrupulous traders.
Recently several companies were taken to court by the Office of Fair Trading for breaches of the regulations.
One of the companies offered invitations to claim ‘prizes’ by sending unsolicited letters to people. The ‘prizes’ which were the subject of the prosecution were either an LCD TV (allocated to less than 1 per cent of the applicants) or a ‘Zurich watch’ which was allocated to more than 99 per cent of the respondents. The Zurich watch actually contained a movement made in Japan.
To obtain the prize, it was necessary to obtain a ‘prize code’. This was done by the ‘prize’ recipient telephoning a premium-rate number – which cost £8.95. They then had to send a further £8.50 because the watch was an ‘electrical item’. The total cost to the consumer was therefore £17.45 and the supplier made a profit of approximately £7 on each ‘prize’.
The court concluded that there was in reality, no prize: the claimant had bought the watch.
In each case, the OFT found that the Regulations had been breached and that the ‘prize’ element of the promotion was a sham.
There are many unscrupulous traders in the market and promotions that offer ‘free prizes’ are seldom genuine. There are also examples of companies that target vulnerable people (i.e. the recently bereaved).
If something looks too good to be true, it is almost certainly because it is. Do not commit yourself without thinking through your options.
Tags: consumer law, legal, rights
Posted May 12th, 2011 in General |
The laws against corrupt practice in the USA are both strong and pervasive, as a recent case illustrates.
It involved a London solicitor who is a US citizen and who was charged in the USA in connection with corrupt practices with regard to contracts worth more than £4 billion that had been awarded in Nigeria to a consortium represented by the solicitor. He paid bribes to high-ranking Nigerian officials between 1996 and 2004.
He fought extradition to the USA on the grounds that the time-lag between the offences and the case coming to trial prevented a fair trial and that the offences were too distant from the US for the courts there to have authority.
Despite that fact that only one of the member firms of the consortium was American, he was extradited to the USA and negotiated a plea bargain with the US authorities. This involved him agreeing to forfeit nearly $150 million.
He is scheduled for sentencing in June and could face a maximum prison sentence of five years for each of to two offences.
Tags: bribery, Employment law, employment rights
Posted May 12th, 2011 in General |
The new ‘mediation first’ rule applicable to divorce and separation have been well publicised, but moves to make the process more jargon-free have not received much attention.
The following changes have been made which will, it is hoped, help the participants in family proceedings better understand the process.
Old legal term New legal term
Ancillary relief Financial order
Divorce decree Matrimonial orders
People without mental capacity Protected parties
Guardian ad litem Children’s guardian
Next friend Litigation friend
Tags: Divorce, Family law, solicitors east london
Posted May 11th, 2011 in Family, General |
Under UK law, anyone who is allowed unopposed occupation of a piece of land for more than twelve years (10 years for registered land if appropriate procedures are followed) can acquire legal title to the land. Although numerous safeguards were introduced in the
Land Registration Act 2002, which introduced a system of notices before the title could be transferred, this continues to be the case.
The UK's approach to 'squatters' rights' (known in legal circles as adverse possession) has been ruled to be lawful according to a ruling by the European Court.
If you allow people to make use of land you own without taking measures to protect your rights you run the danger of giving them permanent legal rights over your land or even losing legal title to it. Contact us for advice.
Tags: eviction, landlord rights, Property law, squatters
Posted May 9th, 2011 in General |
The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011.
The AWR will give agency workers the same basic terms and conditions of employment as if they had been recruited directly by the hirer, once they have completed a qualifying period of 12 calendar weeks in a particular jobs, but will not fundamentally affect employment status or how agency staff are placed and managed.
The 50-page guidance covers:
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the scope of the AWR;
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qualifying for equal treatment;
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how to identify basic working and employment conditions and the relevance of a ‘comparator’;
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pay;
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working time and holiday entitlement;
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pregnant workers and new mothers;
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pay between assignments;
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information, liability and remedies;
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information a Temporary Work Agency (TWA) must have before supplying an agency worker; and
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compliance information required by a TWA from a hirer.
Employers are advised to consider how the AWR will affect them and have procedures in place by 1 October to ensure compliance. For individual advice, contact us.
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Tags: agency workers, employment solicitors, temp workers
Posted May 9th, 2011 in General |
It may be assumed that when a couple purchase a property in equal shares, that is how ownership remains, but it isn’t necessarily so.
In a recent case, the High Court had to rule on the ownership of a house, which had been bought for £30,000 by a cohabiting man and woman who lived in it between 1985 and 1993. When the relationship broke up, the man moved out and ceased to contribute to the mortgage and running expenses of the property, and made no contr
ibution towards maintenance of the couple’s children. He bought another property and moved there. The couple cashed in a joint insurance policy to assist him to finance his new home.
In 2008, it became necessary to determine the respective shares of the ownership of the property, by which time its value had risen to £245,000. The County Court ruled that the share of the woman who had remianed in the house should be 90 per cent. On appeal, the High Court upheld this decision.
After a further appeal, the Court of Appeal ordered that the split should be 50:50. The case is now to be heard by the Supreme Court and may be expected to set a precedent for how similar cases will be decided in the future.
Tags: cohabitation, Family law
Posted May 6th, 2011 in Family |
HM Revenue and Customs have reported an upsurge in a common ‘phishing’ scam, in which an email is sent advising that the recipient is due a tax refund and that all that is required to make the refund is your bank account and security information.
On receipt of this information from anyone fooled by the scam, the fraudsters proceed to clear out the bank account.
HMRC NEVER advise of tax refunds by way of email. See their online security advice.
For more information, click the link below.
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Posted May 5th, 2011 in General |
Infringement of a trade mark need not be a visual issue: a trade mark can be infringed when the sound of the trade mark is infringed..
The case arose when the international toy manufacturer Hasbro alleged that its trade mark ‘PLAY-DOH’ had been infringed by a company selling ‘Play Dough’, an edible dough for children. The marks were not similar in appearance, nor were the products physically identical.
The defendants argued that PLAY-DOH had become synonymous with modelling clay and was thus so generic in meaning that it had lost its distinctiveness. It would not therefore qualify for trade mark protection. They also argued that if the words PLAY-DOH could be extended to cover ‘Play Dough’, then they lacked ‘distinctive character’, which is a necessity for a trade mark to be enforceable.
The court rejected both arguments.
It is good sense to make sure that you research trade marks before you start to use any trading style.We can assist you to make sure that you do not infringe others’ trade marks, and help you to protect your own trade marks and the rights attached to them.
Tags: intellectual property, law, legal, solicitor, trademarks
Posted April 28th, 2011 in Commercial Litigation |
With all the hoop-la about the proposed change to the ‘no win, no fee’ regime, another set of proposals, which may well be of greater importance for many people has slipped under the radar of the popular press.
A new consultation paper proposes changes to the limits on claims to be heard by the lower courts. The proposals include:
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the limit of a claim which can be dealt with in the small claims court is to be increased from the current £5,000 to £15,000; and
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the minimum limit for a case to be sent to the High Court is to be raised from £25,000 to £100,000; and
In addition, the online system for settlement of smaller road traffic accident cases is to be adapted for use in all small personal injury cases up to £50,000 in value and trialled for use in claims for clinical negligence against the NHS.
Tags: claims, disputes, litigation, solicitors
Posted April 28th, 2011 in Civil Litigation, General |
Today is World Intellectual Property Day and the global members of the World Intellectual Property Office have joined forces to help raise awareness of how patents, copyright, trade marks and designs affect everyday lives. This year’s theme is ‘Designing the Future’.
Innovators and creative minds across the country are being encouraged to protect their inventions and ideas to help design the future. Designs are about the way an object looks and developers can invest a lot of time and money into making sure their designs are fit for purpose.
Minister for Intellectual Property Baroness Wilcox said, “Designs touch almost every part of our day to day lives, from the chairs we sit on to the phones we use. Registering your design with the Intellectual Property Office can offer protection against unauthorised copies and imitations.
“We are keen to encourage businesses to get their designs protected to allow them to reap the potential financial rewards of their innovations. Many people are unaware that you can register a design for just £60, granting exclusive rights that are renewable for up to 25 years.
“Today is about raising awareness of the importance to businesses of protecting their innovative ideas. Investing in their creativity and ideas now can help shape growth and success in the future.”
Further information on World Intellectual Property Day can be found on the IPO website at
www.ipo.gov.uk.
If you have an invention, trade mark, original design or the practical application of a good idea that you wish to protect, contact us.
Posted April 26th, 2011 in General |
