CMA fines Ping for blocking online sales

30 August

The CMA has fined Ping £1.45 million for preventing two UK retailers from selling its golf clubs on their website. Whilst the CMA accepted that Ping was pursuing a genuine commercial aim of promoting in-store customer fitting, it could have achieved this via other means. Ping is required to bring the online sales ban to […]

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CJEU rules on jurisdiction of a recourse claim involving joint debtors

24 August

C-249/16 Saale Kareda v Stefan Benk concerns a dispute between Mr Benk and his former partner Ms Kareda. In 2007, to finance the purchase of  a family home, the parties entered into a number of loans under which they were joint borrowers with joint and several liability. Towards the end of 2011, Ms Kareda ended […]

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August’s PLC Column: High-Cost Short-Term Credit

24 August

In August’s Practical Law regulated lending column, Lee Finch provides an overview of the key FCA rules and guidance that apply in the high-cost short-term credit (HCSTC) market and considers the FCA’s current work that could lead to changes in this field. The column can be read here.

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New Paper on Algorithms and the Law

22 August

In a new paper Jeremy Barnett of Gough Square Chambers, together with co-authors Adriano Soares Koshiyama and Philip Treleaven, considers the legal implications of the expanding use of algorithms in a variety of fields. The paper has been published by Legal Futures and can be read here: Algorithms and the Law

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Co-ordination of Regulatory Enforcement Regulations 2017 to come into force on 1 October

21 August

The Co-ordination of Regulatory Enforcement Regulations 2017 will come into force on 1 October 2017 and, together with changes made by the Enterprise Act 2016 on the same date, will extend and simplify the Primary Authority regime. The changes being introduced to the Primary Authority scheme (which was first established in 2009) form part of a […]

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Ministry of Justice publishes Plevin guidance for CMCs

18 August

The Ministry of Justice (“MOJ”) has published guidance for Claims Management Companies involved in handling PPI mis-selling cases which arise in light of the Supreme Court’s judgment in Plevin v Paragon Personal Finance Limited. The MOJ’s guidance explains that the FCA are requiring of firms that sold PPI to write to previously rejected mis-selling complaints […]

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Court of Appeal: no duty of care in interest rate hedging product review

04 August

In the linked appeals CGL Group Ltd v Royal Bank of Scotland plc, Bartles v Barclays Bank plc and WW Property Investments Ltd v National Westminster Bank plc [2017] EWCA Civ 1073, the Court of Appeal held that the respondent banks did not owe a duty of care to the Appellants when conducting a review […]

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Recommendations for Fixed Recoverable Costs

03 August

Lord Justice Jackson has published his supplemental report on fixed recoverable costs (“FRC”), as part of his review of civil litigation costs. In his January 2010 report, Jackson LJ recommended a general scheme of FRC for fast track cases, costs-budgeting for multi-track cases and further consideration of FRC for cases in the lower regions of […]

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FCA publishes proposals on creditworthiness and affordability

01 August

The Financial Conduct Authority (“FCA”) has published proposals on amending its rules to further clarify its expectations in respect of creditworthiness and affordability (CP17/27). In its 2015/2016 Business Plan the FCA highlighted that poor culture and practice when assessing affordability posed a risk of potential harm to consumers. Subsequently, the FCA conducted some research and […]

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