FCA publishes outcome of high-cost credit review

31 July

On 31 July 2017, the Financial Conduct Authority (“FCA”) published its response to the call for input it had issued in relation to its review of high-cost credit products (FS 17/2). The key points from the Feedback Statement are: The FCA has decided to maintain the high-cost short-term price cap at its current level; The […]

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CJEU: Unfair Commercial Practices Directive applies to debt collection

27 July

In the CJEU’s recent judgment of UAB ‘Gelvora’ v Valstybinė vartotojų teisių apsaugos tarnyba (C-357/16), it held that the Unfair Commercial Practices Directive (“the UCPD”) applied to the services provided by a debt collection agency. Gelvora is a private debt collection agency operating in Lithuania. It takes assignments of debts from banks, which it then pursues. […]

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AG opinion in Nowak v Data Protection Commissioner

25 July

AG Kokott handed down an opinion in Nowak v Data Protection Commissioner on 20 July. Mr Nowak was a trainee accountant in Ireland. He sought production of his accountancy exam scripts by way of a data access request. This was refused by the Institute of Chartered Accountants of Ireland. Mr Nowak’s further complaint to the […]

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Kupeli v Cyprus Turkish Airlines: excursions from business premises

22 July

The Court of Appeal has handed down judgment in Kupeli v Cyprus Turkish Airlines [2017] EWCA Civ 1037 dismissing the Defendant airline’s appeal against a finding that regulation 5(b) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 did not apply to conditional fee agreements (“CFAs”) entered into […]

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New Payment Services Regulations laid before Parliament

20 July

The second European Payment Services Directive (“PSDII”) came into force on 13 January 2016 and the UK is required to comply with the majority of PSDII requirements by 13 January 2018. On 9 February 2017, the Government published a consultation document titled “Implementation of the revised EU Payment Services Directive II” together with draft Regulations. Following receipt […]

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July’s PLC Column: Consumer Credit Staff Incentives

19 July

In July’s Practical Law regulated lending column, James Ross considers the FCA’s recent consultation paper (CP17/20), which sets out proposals for how consumer credit firms should manage risks arising from the way in which they remunerate and manage the performance of their staff. The column can be read here.

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Kevin de Haan QC joins Gough Square

18 July

Gough Square Chambers is delighted to announce the arrival Kevin de Haan QC formerly of Francis Taylor Buildings. Kevin is a regulatory specialist in the fields of Consumer, Financial Services, Environmental, Health and Safety and Licensing Law particularly where an element of European Law is involved. Kevin is recommended as a leading Silk in three […]

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CTSI Conference 2017

11 July

At the beginning of July Gough Square Chambers attended the annual Chartered Trading Standards Institute (“CTSI”) Conference, which was held in Harrogate. Presentation slides available here: Dodging a technical knockout (charging the right defendant, time limits and disclosure) (Bryan Lewin, Iain MacDonald, Michael Coley and Robin Kingham) Perfect Recall (product recall) (Jonathan Kirk QC and Alison […]

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FCA publishes proposals on staff incentives

06 July

Following a review of the performance management policies and practices for sales and collections staff at 98 consumer credit firms, the Financial Conduct Authority (“FCA”) has published proposals on how consumer credit firms should manage risks related to how they pay and manage the performance of their staff (CP17/20). In the consultation paper, the FCA sets out […]

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Prudential Regulation Authority publishes statement on Consumer Credit

04 July

The Prudential Regulation Authority (PRA) has published a statement summarising the findings of its recent review of the consumer credit industry and is going to request a response to the statement by firms with material exposures to consumer credit. The PRA is concerned that the resilience of consumer credit portfolios is reducing due to a […]

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