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The Breaching Limits on Ticket Sales Regs 2018

20 July

Alison Lambert considers the scope and implications of the new Breaching Limits on Ticket Sales Regulations 2018 in an article which may be viewed here.

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Goodlife Foods UCTA Case

27 June

The Court of Appeal has handed down its decision in Goodlife Foods Limited v Hall Fire Protection Limited [2018] EWCA Civ 1371, with Coulson LJ giving the lead judgment. The main issue was whether a far-reaching exclusion clause in the standard terms of the defendant contractor was reasonable within the meaning of the Unfair Contract Terms Act 1977 […]

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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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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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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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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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