Monthly commercial law update: Top 5 developments in October

Christmas is almost upon us, or so the retailers would like us to think.

However the Commercial PSL Team have been closely observing Autumnal developments in the commercial legal world and are here to provide you with a round-up of our top 5 stories from October.

*Please see our blog on the Supreme Court’s judgment in ParkingEye v Beavis and Cavendish Square v El Makdessi, two associated cases on penalty clauses. The judgment was handed down on 4 November 2015 and is therefore not included in our October highlights.

Consumer protection: Consumer Rights Act 2015—consumer notices

Will the CRA 2015 tighten up consumer notices? A consumer notice is any notice that relates to rights or obligations between a trader and consumer or where the trader is seeking to restrict their liability.

The CRA 2015 states that a notice will include an announcement, whether verbal or in writing, and any other communication or purported communication and reforms the law on consumer notices. They were not expressly covered in previous legislation but they are specifically covered in the CRA 2015. This brings them within the fairness regime. Businesses will therefore have to be conscious of the content which is included in notices and ensure that this complies with the fairness test.

Competition law: Cartel findings in BA case

In Emerald Supplies v BA, [2015] EWCA Civ 1024, the Court of Appeal has found the necessary ingredient of intention lacking and so struck out claims against BA (reliant upon European Commission cartel findings) based on the economic torts of (i) interfering with business by unlawful means and (ii) conspiracy to injure using unlawful means. The Court of Appeal overturned the first instance decision that BA's strike out application was premature. It also overturned the judge's award of indemnity costs against BA.

The Court of Appeal also