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Peanut Fatality: Sentencing Appeal Dismissed

10 November

The Court of Appeal has handed down judgment in R v Mohammed Khalique Zaman [2017] EWCA Crim 1783. A waiter had erroneously informed a customer with a peanut allergy that his curry did not contain peanuts. The customer subsequently died and during the investigation, restaurant stock described as almonds had been found to contain peanuts. The defendant […]

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VAT on Hire-Purchase Agreements with Balloons

08 November

Under a hire agreement, which constitutes the supply of ‘services’, VAT is payable on each monthly instalment, whereas under an ordinary hire-purchase agreement, which constitutes the supply of ‘goods’, VAT is chargeable upon the handing over of the goods at the end of the term, the taxable amount being the total price of the supply. In […]

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FOS Decision Not Arbitration Award

08 November

In Berkeley Burke SIPP Administration LLP v Charlton [2017] EWHC 2396 (Comm), a pension administrator (“Berkeley”) wished to determine whether the correct procedural route to challenge a second Financial Ombudsman Service (“FOS”) decision was by way of appeal under s69 of the Arbitration Act 1996, or judicial review. The High Court determined, as a preliminary issue, that the FOS decision […]

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Authorised Push Payment Scams Consultation

08 November

The FCA has published a consultation paper (CP17/2) on authorised push payment (“APP”) scams, where people are tricked into authorising the transfer of funds to a fraudster, i.e. they are mistaken as to the identity of the payee. APP scams are the second biggest type of payment fraud in the UK, after card fraud. CP17/2 […]

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Appointed Representative Standards

06 November

Further to an alert issued in 2016, on the 3rd November 2017 the FCA issued an alert for firms with appointed representatives and introducer appointed representatives (“ARs”), setting out the standards that they expect in that area. The FCA highlights the risk of introducers wielding inappropriate influence and straying into giving advice, e.g. where the […]

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Chambers and Partners 2018 ranks Gough Square as leading consumer law set

02 November

Chambers and Partners has again ranked Gough Square Chambers as the only Band 1 set for Consumer Law. Chambers and Partners 2018 said: Gough Square Chambers is “frequently described as a ‘go-to’ set with one interviewee noting that ‘in consumer law they will always be the chambers you turn to.’ Well known for having a deep bench of barristers, […]

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Supreme Court partially overrules the 35 year old ‘Ghosh’ test

31 October

In the seminal case of R v Ghosh [1982] Q.B. 1053, the Court of Appeal held that the test for dishonesty under the Theft Act 1968 had two limbs: (1) whether the relevant conduct was dishonest by the ordinary standards of reasonable and honest people (the objective limb) and, if so, (2) whether the defendant himself must have realised […]

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CMA investigates online dating sector

31 October

The CMA has today announced its investigation into the practices of an online dating company. The CMA’s main concerns relate to (a) how online dating services are advertised and described to consumers; (b) privacy and use of consumers’ data; and (c) subscription, cancellation and variation of contract terms. The company, which has not been named, […]

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CMA launches investigation into online hotel booking

27 October

The Competitions and Markets Authority (CMA) has opened an investigation into hotel booking sites. The CMA is concerned that certain practices breach consumer law and will actively examine the following practices: How search results are displayed (specifically the ranking applied); Pressure selling; Discount claims; and Hidden charges. The CMA will give an update in Spring […]

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Suspended sentence for trader who sold “loaded Kodi boxes”

22 October

Brian Thompson of Middlesbrough has been given an 18 month suspended sentence for selling “loaded Kodi boxes”. Having previously claimed the law was unclear and pleaded not guilty Mr Thompson changed his plea and admitted one count of selling and one count of advertising devices “designed, produced or adapted for the purpose of enabling or facilitating the circumvention […]

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