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Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the company...
Government proposes new single consolidated Consumer Bill of Rights
UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...
Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress
Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...
Law Commission consults on new law to give consumers remedies for misleading selling
The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...
United copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court
United Airlines, the famous US airline, has won a comprehensive victory and obtained summary judgment in the High Court against a Bangladeshi airline that went under the name United Airways. The High Court...
OFT wins court order against online trader who refused to deliver on time or give refunds in accordance with distance selling laws and misled over product availability
The Office of Fair Trading has successfully obtained a judgment in Cardiff County Court against an online trader who breached various consumer laws. In particular, Mr Arora:
Failed to deliver the products...
Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court
The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their clients...
“We Buy Any Car”…just not at the price you think
We Buy Any Car, the online company that buys cars from consumers for re-sale, has agreed to provide written undertakings as to its future conduct after the OFT claimed that the company’s pricing structure...
M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”
An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...
Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal
AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions. The...