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 […]

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.

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 […]

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 […]

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 […]

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 […]

In C-422/16 BSV v TofuTown.com GMBH the CJEU interpreted the requirement in Regulation 1308/2013 that for a product to trade with a description associated with a dairy based product (such as “milk”, “cheese”, “cream” etc) then that product must be one which is based on the “normal mammary secretion obtained from one or more milking” (i.e. […]

Following its market study which launched in December 2016, the Competition and Markets Authority (“CMA”) has published its initial findings into the care home sector. The CMA’s initial findings highlight the following concerns in the care home sector: People are struggling to get the information they need to make informed decisions about care; Complaints procedures […]

In June’s Practical Law regulated lending column, Ruth Bala considers the relevance of the traditional concept of a “consumer” to consumer credit. She also examines the impact of the recent decision in Ashfaq v International Insurance Company of Hannover plc [2017] EWCA Civ 357 on the scope of that definition. The column can be read […]

The Court of Appeal (Civil Division) has handed down judgment in R (on the application of Newby Foods Ltd) v Food Standards Agency [2017] EWCA Civ 400. It was held that ‘desinewed meat’ should be classified as mechanically separated meat (MSM) as interpreted by the CJEU in Newby Foods Ltd v Food Standards Agency ( C-453/13). […]