IP analysis: Karla Hughes, Head of Trade Mark and Design Prosecution, Belfast and Saleni Pravin Kumar, Trainee of Allen & Overy LLP consider the IPO’s Transformation Programme, its related consultations, the government’s response to the first consultation and the considerations for practitioners in light of the ongoing consultation process and transformation programme.

The European Commission has launched three consultations on the FuelEU Maritime Regulation, which aims to support the decarbonisation of the shipping industry. The first consultation explores the specifications for the verification activities that shipping companies will be subject to on their emissions. The second consultation introduces a template for the plans which shipping companies will have to submit to verify their ships and how monitor their emissions. The third consultation sets out details on the methods and criteria used for the accreditation of ‘verifiers’ who will ensure compliance with the monitoring plan, verification of FuelEU reports and documents. The deadline to respond to the consultations is 24 April 2024.

Should you consult? • do you have a statutory duty to consult? • are you applying a statutory framework containing ‘suggestive elements’ that you should consult? • have you promised to consult? • do you have a written policy of consulting in circumstances like these? • have you an established practice of consulting in similar circumstances, or have you consulted in similar circumstances in the past? • are you taking away a benefit that a group of people currently enjoy? • would your policy have a 'pressing & focused effect' on a particular group of people? If the answer to any of these is 'yes', then you must consult. Otherwise,

A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used. Therefore it is important to check the relevant law or regulation such as the Consumer Rights Act 2015 (CRA 2015), the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979.

Law360: Wells Fargo and the American Arbitration Association (AAA) have been hit with a proposed class action accusing them of colluding to fraudulently induce consumers into accepting a fundamentally unfair arbitration process, thereby giving up their right to litigate claims over allegedly unfair overdraft fees.

This Practice Note examines the circumstances and processes under which a borrower may settle a credit agreement early. Introduction to early settlement Borrowers may bring regulated agreements to an end at any time by giving statutory notice and paying the sums then due (less any rebate) (Consumer Credit Act 1974, s 94 (CCA 1974)). Unless the agreement is secured on land, borrowers are permitted to discharge either all or part of their indebtedness as of right. Contracting out of that right is forbidden; creditors cannot deprive borrowers of their right to early settlement or subject early settlement to conditions. When can borrowers settle early? Borrowers under a regulated consumer credit agreement may settle either part or all of the agreement at any time, provided that they: (i) give notice to the creditor, and (ii) pay all amounts then due under the agreement. Notice CCA 1974 does not stipulate any requirements as to form or content of the early settlement notice. Except where the agreement is secured on land, the notice does not need to

MLex: The Consumer Duty requires financial services companies to provide good outcomes for retail consumers. But what exactly is meant by a ‘retail consumer' in the regulation is something of a fudge.

This Practice Note provides a comparative overview of the principal statutory differences between the consumer insurance disclosure and misrepresentation regime under the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012) and the non-consumer insurance reforms introduced by the Insurance Act 2015 (IA 2015). The comparison focuses on the insured’s pre-contractual obligations, the treatment of misrepresentations, the insurer’s remedies for breach, and related reforms concerning basis of contract clauses, warranties, terms unrelated to the actual loss, fraudulent claims, late payment of claims, contracting out and the duty of utmost good faith. For further information, see Practice Notes: Insurance Act 2015 (IA 2015)—essentials and A guide to the Consumer Insurance (Disclosure and Representations) Act 2012. Heading Consumer Insurance (Disclosure and Representations) Act 2012/CI(DR)A 2012 Insurance Act 2015/IA 2015 Legislation CI(DR)A 2012. IA 2015—relevant late-payment provisions inserted by the Enterprise Act 2016. Applies to Consumer insurance contracts only: insurance taken out by an individual wholly or mainly for purposes unrelated to the individual’s trade, business or profession

The Consumer Price Index (CPI) is the official measure of inflation of consumer prices in the UK.

Practitioners should note that the Law Commission announced it would be reviewing the product liability regime established under the Consumer Protection Act 1987 (CPA 1987) on 31 July 2025. The purpose is to assess whether the current legal framework remains effective in addressing harm caused by defective products, particularly in light of technological advancements over the past 40 years. The review aims to examine the regime’s adequacy in managing risks associated with emerging digital technologies and consider potential reforms to ensure it continues to protect consumers while supporting innovation and industry. For further information, see: LNB News 01/08/2025 53. Application of the Consumer Protection Act 1987 CPA 1987, Pt II provides regulation making powers for the Secretary of State concerning the safety of specific products. Selling or offering for sale those specific products in breach of any provisions under Part II is an offence. Section 11(1) provides for the making of 'safety regulations'. These are that: • goods must be safe • unsafe goods must not be made available to persons generally or to particular classes

What is a consumer redress scheme? Since 2010, under section 404 of the Financial Services and Markets Act 2000 (FSMA 2000), the Financial Conduct Authority (FCA) and its predecessor, the Financial Services Authority (FSA) have had powers to make rules requiring a firm, or firms, to establish and operate a consumer redress scheme. General guidance on consumer redress schemes, and the FCA’s powers in relation to them, is set out in Chapter 1 of the Consumer Redress Schemes sourcebook in the FCA Handbook (CONRED). A consumer redress scheme is a set of rules under which a firm is required to take one or more of the following steps: • investigate whether, on or after a specific date, the firm has failed to comply with particular requirements that are applicable to an activity it has been carrying on • determine whether the failure has caused (or may cause) loss or damage to consumers • if the firm determines that the failure has caused (or may cause) loss or damage to consumers, the firm must then determine what the redress

The Financial Conduct Authority (FCA) has published notice of an undertaking given by Mercedes-Benz Financial Services (UK) Limited (MBFS) under the Consumer Rights Act 2015, committing it to making changes to its consumer vehicle hire purchase agreements that contain an excess mileage charge. The firm has also voluntarily agreed to provide redress to affected consumers who entered into contracts since 1 January 2014.