Co-operative Group repays £500,000 as it faces probe for mistreating suppliers – Daily Telegraph

Posted March 9th, 2018 in fines, news, unfair commercial practices by tracey

‘Regulators have launched a probe into the Co-operative Group that could force it to pay £70m of fines for mistreating its suppliers.’

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Daily Telegraph, 8th March 2018

Source: www.telegraph.co.uk

Asda forced to repay suppliers after breaching fair dealing code – The Guardian

Posted September 6th, 2017 in codes of practice, contracts, news, repayment, unfair commercial practices by sally

‘Asda has been forced to pay back hundreds of thousands of pounds to dozens of suppliers after breaching an industry code governing fair dealing.’

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The Guardian, 4th September 2017

Source: www.theguardian.com

Court of Appeal: HMRC did not act unfairly in withdrawing guidance only for taxpayers with ‘open’ affairs – OUT-LAW.com

‘HM Revenue & Customs (HMRC) could withdraw previous guidance in relation to losses arising from the exercise of share options, even though other taxpayers whose affairs could not be reopened had benefited from the treatment, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th July 2017

Source: www.out-law.com

City watchdog battles to ban ‘reckless’ payday lender – Daily Telegraph

Posted July 15th, 2016 in financial regulation, loans, news, unfair commercial practices by tracey

‘The City watchdog faces a legal battle in its attempts to ban a payday lender from the industry, as financier Andrew Barry Hart fights claims he “took a reckless approach” to lending and “failed to address unfair business practices”.’

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Daily Telegraph, 14th July 2016

Source: www.telegraph.co.uk

Payday lender Cash Genie to pay £20m compensation – BBC News

Posted July 27th, 2015 in compensation, complaints, fees, interest, loans, news, unfair commercial practices by sally

‘Payday lender Cash Genie faces a £20m compensation bill after charging customers £50 to transfer them to the firm’s debt collection business.’

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BBC News, 27th July 2015

Source: www.bbc.co.uk

Regulator opens investigations into transparency of paid online endorsements – OUT-LAW.com

‘The Competition and Markets Authority (CMA) is investigating whether a number of businesses have broken consumer protection laws by failing to disclose that they have paid others to endorse their company online.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd – WLR Daily

Posted February 18th, 2015 in consumer protection, law reports, unfair commercial practices, winding up by sally

Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76; [2015] WLR (D) 63

‘Where a court was considering whether a commercial practice amounted to a misleading omission by the omission of material information for the purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008, the court had to consider, particularly where the information omitted concerned alternative products, whether the average consumer could be said to have needed to obtain that information from the trader rather than from elsewhere.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

Energy price riggers to face jail under new proposals – BBC News

‘Anyone found guilty of rigging wholesale gas and electricity prices faces up to two years in jail, under new proposals by the government.’

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BBC News, 6th August 2014

Source: www.bbc.co.uk

Wonga chased debt with fake lawyers, says FCA – BBC News

Posted June 25th, 2014 in compensation, debts, loans, news, unfair commercial practices by sally

‘Payday lender Wonga must pay £2.6m in compensation after sending letters from non-existent law firms to customers in arrears.’


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BBC News, 25th June 2014

Source: www.bbc.co.uk

Scotland and another v British Credit Trust Ltd – WLR Daily

Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252

‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’

WLR Daily, 10th June 2014

Source: www.iclr.co.uk

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

UK firm fined £25,000 for failure to monitor, supervise and manage its appointed representatives – OUT-LAW.com

Posted January 10th, 2014 in financial regulation, fines, insurance, news, unfair commercial practices by tracey

‘A firm has been fined £25,000 by the Financial Conduct Authority (FCA) for the misconduct of two of its sales staff acting as its ‘appointed representatives’ (ARs). Amongst other cases of misconduct, the ARs were found to have used “high-pressure sales tactics and misleading information” to push vulnerable customers into buying insurance policies.’

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OUT-LAW.com, 8th January 2014

Source: www.out-law.com

CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Tesco fined over ‘half-price’ strawberries claim – BBC News

Posted August 19th, 2013 in costs, fines, local government, news, unfair commercial practices by tracey

“Tesco has been fined £300,000 after admitting it misled customers over whether strawberries on sale were genuinely ‘half price.’ ”

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BBC News, 19th August 2013

Source: www.bbc.co.uk

Benedetti v Sawiris and others – WLR Daily

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Benedetti (Appellant) v Sawiris and others (Respondents) – Supreme Court

Benedetti (Appellant) v Sawiris and others (Respondents) [2013] UKSC 50 | UKSC 2011/0087 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Can you spot the difference? New research published on the impact of lookalike products – Technology Law Update

“We are continually hearing about the inherent value of a brand. A well established brand helps customers identify the product they’re buying and can reassure them about the quality they can expect. It is therefore no surprise that other companies often try to piggyback off well established brands in order to sell their similar product.”

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Technology Law Update, 5th July 2013

Source: www.technology-law-blog.co.uk

OFT issues warning over personalised pricing transparency – OUT-LAW.com

“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 20th May 2013

Source: www.out-law.com

Banks Take First Round In Interest Rate Swap Mis-Selling Claims – No. 5 Chambers

Posted April 17th, 2013 in banking, financial regulation, interest, news, unfair commercial practices by sally

“Following the announcement in June 2012 by the Financial Services Authority of a two month investigation in to the sale (and in particular mis-selling) of interest rate hedging products such as swaps, collars, structured collars there is considerable interest in whether such claims are likely, following Payment Protection Insurance, to become another key battleground in financial services litigation.”

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No. 5 Chambers, 7th February 2013

Source: www.no5.com