Innocent publication definition

View the related practice notes about Innocent publication

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false statement was made fraudulently or innocently. If the false statement was made innocently, then there is yet a further question to consider, namely whether there was any negligence involved in the innocent making of the false statement.This Practice Note considers the requirement for falsity in a misrepresentation claim and discusses the distinctions and reasons for pleading fraudulent misrepresentation rather than negligent or innocent misrepresentation, with reference to the Misrepresentation Act 1967 (MA 1967). It also sets out a number of pointers for assessing a misrepresentation claim.For guidance generally on misrepresentation claims, including what they are (and are not) and the key constituent elements for bringing a claim for actionable misrepresentation, see Practice Note: Misrepresentation—what it is and similar claims.For related Practice Notes on remedies of damages and rescission in misrepresentation claims, see Practice Notes: •Misrepresentation—damages as a remedy•Misrepresentation—rescission...

The Consumer Protection from Unfair Trading Regulations 2008

This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008)—in particular the unfair commercial practices of misleading actions, misleading omissions, aggressive practices and banned practices, and it considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. This Practice Note also briefly considers the criminal offences created by the CPUTR 2008, enforcement and the private right of redress.The DMCCA 2024In July 2021, BEIS, now the Department for Business and Trade, launched a consultation on reforming competition policy, consumer rights and consumer law enforcement. Key proposals in the consultation included:•updating consumer rights by tackling subscription traps, preventing online exploitation of customers through fake reviews, and creating better prepayment protections•reforming the enforcement of consumer law by giving stronger powers to enforcers—including financial penalties, supporting customers and traders to resolve disputes independently, tackling rogue traders by helping local authority trading standards to impose...