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FCA publishes Dear CEO Letter on complaints handling for consumer credit firms

14 September

On the 13th September the FCA published a Dear CEO Letter to consumer credit firms identifying issues that it has identified as a result of a review of consumer credit firms’ complaints handling processes.  These issues include: not providing correct information about the right to contact FOS; not publishing information about complaints procedures correctly on […]

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Test case on lettings agency “administration fees”

14 September

Following an appeal from Camden Council, the Upper Tier Tribunal has ruled that Foxtons’ description of its administration fees was insufficient to meet the requirements of section 83 of the Consumer Rights Act 2015. The Upper Tier Tribunal held that Foxtons’ description that “the administration fee can cover…” did not go far enough to enable consumers […]

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CJEU rules on the appropriate methodology to calculate distance for the purpose of the Air Passengers Compensation Regulation

11 September

Regulation 261/2004 provides for compensation for air passengers in the case of cancelled or delayed flights, the amount of the compensation to be determined by reference to the length of the delay and the distance to be travelled.  In C-559/16 Bossen and Others v Brussels Airlines SA/NV the CJEU found that for the purposes of […]

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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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