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Rights of way over land are a constant source of dispute and, because the law relating to land is complex, such disputes all too frequently end up in avoidable court proceedings. A recent case heard by Bristol County Court was brought by a man who claimed...
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Trade marks are jealously protected by their owners. A recent case shows how even seemingly uncontroversial trade marks can be found to infringe existing trade marks and proves the need for care in such circumstances. The case involved tyre giants...
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Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply...
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There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this , two women dispensed with the services of not just one but two legal teams, after they were advised to...
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There has been much grumbling over the years about the fact that where a tenant occupies multiple floors of a building, those floors will normally be treated as separate premises for the calculation of business rates. This normally produces larger rates...
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It is not often that the facts about how much of a mortgage was repaid are a matter of dispute, but in a recent case that was what happened and the decision led to a judge being criticised for her unorthodox approach to the evaluation of evidence. A couple...
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The Employment Appeal Tribunal (EAT) has upheld the decision of the Employment Tribunal last year that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to...
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The trouble with light-hearted discussions of important business matters in a social context is that none of those present can really be sure whether any agreements apparently reached are serious or merely a joke. Exactly that happened in one case in which...
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EVERY Christmas most people either give or receive at least one slightly “iffy” gift. While many of us will smile politely and wear or use that gift once, others will be looking to return items and pick something better suited to their tastes. ...
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According to the Government's GOV.UK website, if you are a company director, you have to file a tax return every year. It says that every UK company director must send in a personal self-assessment tax return annually, and that this must be done even without...
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Movember Golf Day

Chubb Bulleid are delighted to sponsor the Moustaches In November Golfing Eccentrics Charity Golf Day ......

 

 

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When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an Employment Tribunal (ET) found that a bicycle courier was a...
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It is estimated that more than 800,000 Britons now own property abroad. What used to be highly exceptional may now seem rather commonplace, but that is no reason why buyers should relax their vigilance over the process. In particular, it is absolutely vital...
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Having a trade mark is all well and good, but a recent case should serve as a reminder that failing to use trade marks may lead to them being lost. The case involved a trade mark for a cigarette brand which was registered to a tobacco company in the USA. ...
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An executor of an estate is personally responsible for his or her actions, so as well as there being significant duties, on occasions the role can also involve significant risks. One example of this would be where an executor completes the estate...
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Virtually all leases have clauses which stipulate that when the lease comes to an end, the tenant must leave the premises in the same condition as they were in when they entered them, and the negotiations over the termination of a lease will often involve a...
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Family courts routinely grant anonymity to children involved in care proceedings, but that inevitably has an effect on parents and others who might wish to publicise their objections to judicial orders. Exactly that issue arose in one case in which a...
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You may think that if people of substance are behind a business you have a dispute with, this acts as a source of comfort that any sum you are awarded against the company is likely to be met, but that is not necessarily the case, as a recent dispute shows. ...
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In the same week that a former policeman was convicted of stealing a house and £200,000 from his disabled cousin by abusing a power of attorney in his favour, a judge advanced the case for using a court-appointed deputy to manage the affairs of a...
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Housing developments are almost always controversial and, in deciding whether or not to approve them, planners have to balance environmental and other objections against social and economic benefits. That was certainly so in one case in which the High...
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Chubb Bulleid is once again a proud sponsor of the marquee for the event, set in the beautiful grounds of the Bishop’s Palace......

 

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In July 2013, the Employment Tribunals and the Employment Appeal Tribunal Fees Order introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims were to transfer part of the tribunals'...
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Disputes between neighbours can blight the lives of all concerned and it is always wise to seek legal advice before matters get out of hand. In one case, an elderly couple face losing their home under the weight of legal bills following a long-running row...
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A Pentecostal Christian has failed to persuade the Employment Appeal Tribunal (EAT) that the Employment Tribunal (ET) erred in dismissing his claim that he had suffered direct and indirect discrimination on the grounds of his religious beliefs ( Trayhorn v...
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The complexity and length of the tendering process for government contracts has for many years operated as a significant deterrent for small businesses that might otherwise wish to compete for lucrative public sector contracts. Recognising this issue, the...
Carla Jones - Newsletter

Dealing with Faulty Christmas Gifts

EVERY Christmas most people either give or receive at least one slightly “iffy” gift. While many of us will smile politely and wear or use that gift once, others will be looking to return items and pick something better suited to their tastes.

Another, perhaps less common scenario is the case of a faulty gift which often leaves both the gift-giver and receiver wondering what options they have.

With some items (whether faulty or not) the options are clear – a 14 or 28 day no-quibble-money back/exchange option, easy!  High street retailers don’t have to offer that sort of returns policy, although most chose to do so. It’s worth remembering that many of the bigger retailers offer extended time frames around the festive period of which you, as the consumer can take advantage.

The answer is less clear in the second of our two scenarios. If the gift is faulty, then it is much more likely that the retailer will have an obligation to give you a refund or exchange, but as in many areas, consumers do need to be aware of the rules and regulations governing how they should act.

Firstly, it’s important to act quickly. You have 30 days in which to reject something that's faulty and get your money back.

If you’re outside of your 30-day period, or if you prefer, you can ask for a repair or replacement.

In the first six months from when you buy the item, the onus is on the seller to prove it was of satisfactory quality when you bought it – so don’t hang around if you begin noticing problems with a purchase.  After this point, the onus switches and you are therefore more likely to face an uphill struggle in getting the replacement you’re after.

Finally, if you find yourself up against a retailer who refuses to refund, repair or replace a faulty item, the first step (after having made the initial request) should be a written, formal complaint to the manager of the shop/store.

If you still have no luck, there is always an option to refer the matter to the ombudsman to make a final decision and/or seek legal advice in respect of your consumer rights.

CARLA JONES

SOLICITOR

TEL: 01458 844101

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