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Brexit Conference

21 April

On 20 April 2017, Gough Square Chambers held a conference on the potential impact of Brexit on consumer law. The conference was chaired by Iain MacDonald who provided an introduction to the topic and some of the issues, especially in light of the recent Brexit-themed white papers. Claire Andrews then discussed potential implications for food […]

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The NAO issues report on vulnerable customers

13 April

The National Audit Office has issued a report on vulnerable customers within the regulated sectors of water, energy, telecommunications and financial services. The key findings are as follows: The number of vulnerable consumers is potentially high, and many conditions that may cause vulnerability are projected to increase. The impact on individuals of being in a […]

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Lords’ Recommendations on Financial Exclusion

03 April

The House of Lords select committee on financial exclusion has published a report (available here). Notably the committee has recommended amendment of the Financial Services and Markets Act 2000 (“FSMA”) to introduce a reasonable duty of care for financial service providers to exercise towards consumers (including promoting sound financial decision-making by customers and avoiding conflicts […]

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FCA proposes new rules for credit card firms

03 April

On 3 April 2017, the FCA proposed new rules intended to help customers who are in persistent credit card debt. The proposal follows the FCA’s recent study of the UK credit card market. Under the FCA’s definition, a customer is considered to be in persistent debt if they have paid more in interest and charges […]

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Debt Pre-Action Protocol Finalised

29 March

The debt pre-action protocol has now been finalised, although it is yet to be formally published. Its drafting proved controversial and the finalised version is less onerous than previous drafts. Notably, the requirement for every letter of claim to enclose a copy of the credit agreement has been deleted, as this would have imposed a […]

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March’s PLC column: Broker Commissions

27 March

In March’s Practical Law regulated lending column, James Ross considers the recent cases on broker commissions,  fiduciary relationships and agency. The column can be read here.

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Asda Stores v Mastercard judgment on interchange fees

22 March

Popplewell J in the High Court recently handed down judgment in Asda Stores Ltd & ors v Mastercard Inc [2017] EWHC 93 (Comm). The issue was whether multilateral interchange fees (“MIFs”) charged by Mastercard (the network operator) were anti-competitive. Mastercard charged MIFs to both card issuers and acquirers for participating in its payment scheme and having payments transferred […]

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Bar Council Brexit Papers

22 March

The Bar Council has published the second edition of its Brexit Papers, which look at the implications of Brexit across a variety of practice areas.  Members of chambers, working with the Bar Council’s Law Reform Committee, contributed to Paper Ten on Consumer Law. Available to view here.

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FSCP publishes Brexit position paper

06 March

The Financial Services Consumer Panel (“FSCP”) has published a position paper on Brexit. Much of the current UK financial services legislation emanates from the EU. The paper considers which protections should be retained and identifies scope for improvements. The FSCP notes that in some areas the UK has developed higher levels of consumer protection than […]

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FCA sets deadline for PPI complaints

02 March

On 2 March 2017, the Financial Conduct Authority (“FCA”) published PS17/3 which contains final rules and guidance on payment protection insurance (PPI) complaints. Most notably the rules include a deadline of 29 August 2019 for consumers to complain about the way they were sold PPI. The Policy Statement also details: An FCA-led consumer communications campaign […]

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