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The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.
What distinguishes a 'normal' false trade description, ie one caught by TDA 1968, s 3(1) as being false to a material degree, from one which, though not false is caught by TDA 1968, s 3(2), has been judicially explained in the following terms. The distinction may be between an indication which tells a lie about itself and one which, whilst accurate on its face, misleads by its associations in the mind of the consumer.
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DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
Issuing high yield bonds—documents list The documents listed below provide an overview of the core transaction documents typically used to document a high yield bond issuance. The description for each provides an explanation of the document's purpose and the parties which typically enter into them. Additional documents may be required to deal with aspects of a specific transaction (such as escrow arrangements) or to reflect bespoke arrangements. Document Description 144A Global Note A single note signed by the issuer which represents the entire amount of debt in relation to the Rule 144A issuance.Section 5 of the US Securities Act 1933 requires all offers and sales of securities in the US to be registered with the Securities and Exchange Commission (SEC) unless an exemption applies. Rule 144A is a safe harbour exemption from the section 5 requirement and it enables the initial purchasers of the bonds (see Purchase Agreement below) to resell the bonds to 'qualified institutional buyers', institutional investors who meet certain criteria.For more information on Rule 144A,...
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ARCHIVED: This Practice Note has been archived and is not maintained.From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on misleading actions under DMCCA 2024, see Practice Note: Misleading actions under the Digital Markets, Competition and Consumers Act 2024.Misleading actionsAn action can be misleading in relation to a commercial practice under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, in two different ways. The first way under CPUTR 2008, SI 2008/1277, reg 5(2) is if it:•contains false information and is therefore untruthful in relation to any of the matters set out in regulation 5(4) or if its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is...
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008)—in particular the unfair commercial practices of misleading actions, misleading omissions, aggressive practices and banned practices, and it considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. This Practice Note also briefly considers the criminal offences created by the CPUTR 2008, enforcement and the private right of redress.The DMCCA 2024In July 2021, BEIS, now the Department for Business and Trade, launched a consultation on reforming competition policy, consumer rights and consumer law enforcement. Key proposals in the consultation included:•updating consumer rights by tackling subscription traps, preventing online exploitation of customers through fake reviews, and creating better prepayment protections•reforming the enforcement of consumer law by giving stronger powers to enforcers—including financial penalties, supporting customers and traders to resolve disputes independently, tackling...
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Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...
Facility letter (term loan): single company borrower—bilateral—unsecured [TO BE PRINTED ON THE HEADED PAPER OF THE LENDER] [insert name and address of borrower] [insert date] Dear [insert full name of borrower] We offer to place at your disposal a Sterling loan facility in the aggregate principal amount of £[insert amount in figures] ([insert amount in words] Sterling) [for the purpose of [insert details]] on the following terms and conditions: 1 Definitions 1.1 In this letter, unless otherwise provided: Base Rate • means the base rate of [the Lender OR [insert name of Bank]] for the time being and from time to time; Borrower • means [insert name of company], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment Expiry Date • means the earlier of the date falling [insert number]...
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The Financial Services Compensation Scheme (FSCS) has confirmed that it is accepting claims against Campbell and Associates Independent Financial Advice Ltd as part of its investigation into the firm's conduct. The FSCS announcement on 28 April 2025 follows earlier actions by the Financial Conduct Authority (FCA), which imposed restrictions on the firm on 9 February 2023, preventing it from undertaking regulated activities and reducing asset values without prior consent. Further conditions were imposed on the firm’s sole director, Mrs Lisa Campbell, on 3 April 2023, limiting her ability to perform approved activities without written permission. On 13 February 2025, Mrs Campbell was charged with multiple criminal offences including fraud by abuse of position and providing false or misleading information to the FCA. The investigation by the FSCS will assess whether customer claims meet the qualifying conditions for compensation, with an online claims service available for those affected.
The International Consumer Protection and Enforcement Network (ICPEN) and twenty consumer protection authorities, including Ireland's Competition and Consumer Protection Commission (CCPC), published an open letter on 1 May 2025 addressing environmental claims in fashion retail. The letter outlines principles for fashion retailers to ensure compliance with consumer protection laws, including avoiding vague environmental claims, requiring specific evidence-based statements, and proper use of certification schemes. The guidance aims to prevent misleading environmental marketing in the textile industry by requiring retailers to focus on current verifiable measures rather than future aspirations.
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