Tag Archives: litigation

ILN Today Post

Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions

New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey’s broader consumer protection laws is the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). While this statute is not new, of late it has become a favorite tool of plaintiffs’ counsel in fashioning class action complaints seeking potentially staggering damages awards.

Recent cases under the TCCWNA have targeted various terms and conditions that retailers seek to impose for transacting business on their websites, such as contractual limitations of liability and waivers of consumers’ rights to recover attorneys’ fees. In light of the liberal construction courts and commentators alike have given the TCCWNA, retailers doing business over the Internet need to be particularly mindful of their online terms and conditions, which, if not carefully constructed, could expose those companies to expensive litigation.

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Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd

Two recent (at time of writing) cases have provided a reminder of the importance of getting basic details correct in leases and formal notices relating to leases, and underlined the ongoing relevance of the House of Lords judgment Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd [1997] AC 749.

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Litigation in Scotland: New Simple Procedure Rules

Scotland’s civil courts are currently going through a period of historic reform aimed at modernising the civil justice system to make it more efficient and less expensive. As part of this on-going process, new simple procedure rules were recently published that will replace the current small claims procedure for cases that value £5,000 or less.

Here we provide a brief overview of the background to these reforms and the new simple procedure rules. We also take a look at the Scottish Civil Justice Council’s recently published Annual Report, highlighting some of the other key changes that have been and are taking place. For more information, please call our specialist litigators.

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Lidings’ Partner Andrey Zelenin Selected by His Peers for Inclusion in the Best Lawyers in Russia Rating

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, as well as their business reputation based on the feedback of peers from their respective jurisdictions, lists Lidings’ partner Andrey Zelenin as one of the best  lawyers in Russia in three key practice areas. Based on the results of the 2015 research, Andrey heading the firm’s dispute resolution practice is recommended in arbitration and mediation, litigation and corporate practice areas.

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Neighbours take High Hedge Dispute to Scottish Government

The High Hedges (Scotland) Act has been brought into use to help resolve a dispute between neighbours over the height of a hedge, reports the Telegraph.

The dispute is over a 34-ft hedge that belongs to Mr and Mrs MacRae, and divides their garden in Ballachuilish from that of their neighbours, Mr and Mrs MacLeod.

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Personal Injury Litigation in Scotland: Time-bar in historic child abuse cases

Over recent years, there has been an increased acknowledgement that the time-bar on seeking damages for historic abuse is restricting access to civil justice, particularly in those cases where abuse may have been facilitated by the systemic failures of bodies and institutions legally responsible for the care of children.

In Scotland, these issues and more are being investigated by the Scottish Child Abuse Inquiry. The Scottish Government has also introduced the Limitation (Childhood Abuse) (Scotland) Bill which seeks to lift the three-year time-bar on claiming damages for historic child abuse and sets out the circumstances for cases to be raised again when they were originally struck out because of time-bar.

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Government Proposes Shake-up of Insolvency Regime

The UK Government has launched a consultation over proposed changes to the UK insolvency regime.

The consultation looks at four broad areas for reform to improve the efficiency of the rescue and restructuring tools available to companies in the UK, which are:

  • introducing a moratorium for distressed businesses to benefit from protection against legal action while considering their options for rescue,
  • widening the definition of essential supplies, with appropriate safeguards for suppliers, to assist distressed businesses,
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Suppliers Concerned over Debt Repayment Following BHS Administration

The news that high street retailer BHS has entered administration has been widely reported in the media, with speculation over the future of the thousands of employees who work there and concern over the existence of a possible pension deficit.

The Government has tried to provide a measure of calm by issuing a statement confirming that BHS is currently still open for business as usual. It added that there are no plans for immediate redundancies or store closures, and that the administrators are looking to sell BHS as a going concern.

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“…this does not affect your statutory rights” – an explanation

The last time you were in a shop you may have seen a sign at the checkout that sets out the store’s returns policy.  You may have also noticed that the sign will have had a fairly mysterious phrase, to the effect that the returns policy “does not affect your statutory rights”.  Whilst this may be some comfort, people may be hard pressed to explain exactly what this means.  This article aims to briefly set out the main rights that ordinary shoppers have if something goes wrong. 

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Court of Appeal Rejects Lawyer’s Application to Set Aside Fraudulent Misrepresentation Finding

In a recent decision – Meridian Credit Union Limited v. Ahmed Baig, 2016 ONCA 150  – the Ontario Court of Appeal affirmed a motion judge’s decision to grant summary judgment against the party who had made the motion despite the fact that the responding party had not made a cross-motion for judgment.  The court also upheld a finding by the motion judge that the defendant  was personally liable for fraudulent misrepresentation; failed to disturb the motion judge’s finding that the defendant could be held vicariously liable for his lawyer’s fraudulent misrepresentation; and refused leave of the lawyer, and his law firm, to introduce fresh evidence on appeal .  The court dismissed the lawyers’ argument that they had a right to be heard and refused to set aside the findings of fraudulent misrepresentation the motion judge had made against them.

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