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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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