High Court Secret Commissions Case

28 February

In another development on the secret commissions front, HHJ Raynor QC, sitting as a High Court judge, handed down judgment in Commercial First Business Limited v Pickup & Vernon (unrep, Ch Div, Manchester District Registry, 6th December 2016). The defendant borrowers (“Ds”) were experienced property investors who had entered a series of secured commercial loans, with advances […]

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ASA rules against Auction Websites

22 February

The Advertising Standards Authority (“the ASA”) has today published rulings against six pay-per-bid auction websites. In total 26 issues were challenged by the ASA and upheld by the Council. Common issues included: 1. Unsubstantiated use of Recommended Retail Prices; 2. Failing to include the cost of bidding and/ or shipping in “sold for” prices; 3. […]

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CMA concludes cloud storage review

18 February

The Competition and Markets Authority has secured commitments from another three cloud storage providers (Amazon Media EU S.a.r.l, Apple Distribution International and Microsoft Corporation) that they will make changes to their terms and conditions. A summary of the changes to be made can be read here. This brings to an end the CMA’s review into […]

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Responses to MiFID II Consultation

19 February

The Treasury has published a summary of responses to its consultation document on the transposition of the Markets in Financial Instruments Directive 2014/65/EU (“MiFID II”). MiFID II is intended to improve market structure, the transparency regime for the trading of financial instruments, commodity derivative markets, reporting of transactions to regulators, investor protection and supervisory practices and […]

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Government response in ATOL reform consultation

15 February

The Government has published a summary of responses to its consultation on reform of the air travel operators licence (ATOL) regime. Following generally positive feedback, the proposal is to now align the ATOL Regulations with the new EU Package Travel Direction (2015/2302). The report is available here.

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CMA secures undertakings from another university

08 February

On 8 February 2017, the University of East Anglia gave undertakings to the Competition and Markets Authority in respect of the University’s contract with its students. In accordance with the undertakings, the University will: not rely on a term which had the effect of treating the additional of a new compulsory model as a non-substantial change; and […]

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CJEU Case on Durable Medium

13 February

The Court of Justice of the EU (“CJEU”) has delivered its judgment in a case concerning the interpretation of articles 36(1) and 41(1) of the Payment Services Directive 2007/64/EC (BAWAG PSK Bank v. Verein Fur Konsumenteninformation (Case C-375/15)). The issue was whether prescribed Directive information (e.g. interest rate changes) transmitted by the bank to customers’ secure […]

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