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CTSI Symposium 2018

07 June

Gough Square Chambers attended the annual Chartered Trading Standards Institute (“CTSI”) Symposium, which was held in Nottingham. Chambers delivered a number of presentations over the course of the symposium including delivering the Tuesday Masterclass. Bryan Lewin MBE, Jonathan Kirk QC, Jonathan Goulding, Iain MacDonald and Alison Lambert delivered the Tuesday Masterclass on Great Trading Standards Cases. […]

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Alison Hollis joins Gough Square

07 June

Gough Square Chambers is delighted to announce that Alison Hollis has joined from 36 Group. Alison is a specialist consumer and regulatory lawyer with additional expertise in professional disciplinary cases. Alison’s full profile can be read here: Alison Hollis Alison’s arrival further strengthens Chambers’ position as the top ranked set in consumer law.

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When Online Sellers become Traders

06 June

In the case of Kamenova (case C-105/17), the Court of Justice of the European Union (‘CJEU’) was called upon to consider the circumstances in which a seller of goods through an online platform was a “trader” and therefore caught by the Unfair Commercial Practices Directive (‘UCPD’). In his Opinion, delivered on 31 May 2018, Advocate-General […]

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Abuse of Process Case

06 June

Senior Master Fontaine has handed down judgment on an application to strike out an action brought by a dentist against the NHS under the rule in Henderson v Henderson (1843) 3 Hare 100 and applying the rule in Aldi Stores Ltd v WSP Group PLC [2008] 1 WLR 748 as there was a pre-existing action […]

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FCA publishes outcome of high-cost credit review

31 May

On 31 May 2018, the Financial Conduct Authority (“FCA”) published two consultation papers following its review of the high-cost credit market. In CP18/12 the FCA proposes new rules for rent-to-own credit, home-collected credit, catalogue credit and store cards. The FCA believes the risk of consumer harm in the rent-to-own market warrants the introduction of a […]

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FCA Consultation on Unfair Terms

19 May

On 17 May 2018, the FCA launched a consultation on proposed guidance on variation terms under unfair terms legislation (GC18/2). The consultation follows the previous withdrawal of historic unfair terms guidance following the introduction of the Consumer Rights Act 2015. The consultation document briefly discusses the historic situation, the legislative provisions and the relevant case […]

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Goods Mortgages Bill abandoned

15 May

On 14 May 2018, HM Treasury published its response to the Law Commission’s proposed Goods Mortgages Bill. In light of the small and reducing market for goods mortgages and concerns raised by respondents to the consultation, the Government confirmed that it would not be proceeding with the proposed legislation. The Treasury’s response can be read […]

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‘Carney v Rothschild’ Unfair Relationships Case

11 May

HHJ Waksman QC, sitting as a Judge of the High Court, has handed down a detailed judgment in Carney v N M Rothschild & Sons Ltd [2018] EWHC 958 (Comm). This was a financial mis-selling claim. The Defendant (“the Bank”) had entered into loan agreements (“the Loans”) with the Claimants to provide funds for them to invest. […]

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Alternative Health Practitioner Prosecution

11 May

An alternative health practitioner who purported to be able to diagnose and treat disease using a method he called “live blood analysis” has been convicted of two counts of engaging in a banned commercial practice under the CPUT Regulations and one count of selling food not of the nature, quality, or substance demanded, following a […]

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April’s PLC Column: Unfair Relationship Update

10 May

In April’s Practical Law lending column, Lee Finch considers some important recent decisions on the unfair relationship provisions in the Consumer Credit Act 1974.

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