The following Commercial practice note provides comprehensive and up to date legal information covering:
Brexit: This Practice Note has been updated to reflect the position as of 1 January 2021. Note that retained EU law and Brexit SIs referred to in this Practice Note are not applicable nor in force until 11 pm (GMT) on 31 December 2020 (ie the end of the implementation period) and may be subject to change before this time.
This Practice Note provides an overview of the Consumer Rights Act 2015 (CRA 2015). The CRA 2015 provides consumer rights and remedies in respect of goods, digital content, and services, and reformed the law on unfair terms in consumer contracts. This Practice Note considers the aims of the CRA 2015 and the key definitions, controls on restrictions of liability, and rules on the treatment of unfair terms in consumer contracts contained therein. It also briefly considers the reform of enforcement powers, extension of civil remedies, and consumer collective actions for anti-competitive behaviour under the CRA 2015, as well as the provisions relating to letting agents and secondary ticketing.
The CRA 2015 received Royal Assent on 26 March 2015 and provided for a major overhaul and rationalisation of consumer law in the UK. In particular, the CRA 2015 covers consumer rights and remedies for the sale of goods and the supply of services and digital content, and reforms the law on unfair terms
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ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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