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GLOSSARY
In relation to a company, where that company ceases to exist as a legal entity at Companies House.
NEWS
Ireland—Banking and Financial Services analysis: This article was written by Sarah Thompson, partner (Financial Regulation), Robert Cain, partner (Financial Regulation), Katherine Quirke, of counsel (Structured Finance and Securitisation), Sinéad Cantillon, senior professional support lawyer (Debt Finance) and Belinda Tang, senior foreign registered lawyer (Financial Regulation), of Arthur Cox LLP. New EU rules enhance consumer protections for financial services sold at a distance, including updated disclosure and withdrawal requirements.
GLOSSARY
A ‘distance contract’ is a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
NEWS
EU Law analysis: Article 8(2) of 2011/83/EU, the EU Consumer Rights Directive (EU CRD) on formal requirements for distance contracts provides that a trader must ensure that a consumer, when placing his or her order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this requirement, the consumer is not bound by the contract or order. The Court of Justice confirms that this obligation also applies in cases where the consumer is required to pay the pecuniary consideration to that trader only after a subsequent condition has been satisfied. Written by Geert Bovy, partner and Sebastian Tytgat, senior associate at Baker McKenzie.
PRACTICE NOTES
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regs 2013), SI 2013/3134 apply where you enter into a retainer with a consumer client who you have not met. This is often known as a distance contract. This Practice Note explains: • when the regulations apply in relation to distance contracts • when your client is given cancellation rights, and • how to comply with the regulations The Consumer Contracts Regs 2013 also apply where you meet the client away from your office before entering into a retainer (often known as an off-premises contract). For more information, see Practice Note: Off–premises contracts—law firms. The flowchart below will help you to decide whether: • the regulations apply at all and, if so • which parts of the regulations you will have to comply with, ie provisions relating to off-premises contracts or distance contracts Which clients do the regulations apply to? To have the benefit of cancellation rights under the regulations, your client must be an individual acting for purposes which are wholly
NEWS
Ireland-Commercial analysis: This article was written by Sarah Thompson, partner (Financial Regulation), Robert Cain, partner (Financial Regulation), Katherine Quirke, of counsel (Structured Finance and Securitisation), Sinéad Cantillon, senior professional support lawyer (Debt Finance) and Belinda Tang, senior foreign registered lawyer (Financial Regulation), of Arthur Cox LLP. It examines Ireland’s transposition of Directive (EU) 2023/2673 on distance marketing of financial services through SI No 309/2026 European Union (Distance Contracts for Financial Services) Regulations 2026 (Ireland) (the DMD Regulations). It outlines the amendments to the Consumer Rights Act 2022 (Ireland) (the Consumer Rights Act), Ireland’s approach to the national discretions available under the Directive, the implementation of measures addressing dark patterns, the new enforcement framework, and the practical implications of the transitional and saver provisions.
GLOSSARY
Distance selling means selling goods or services to consumers without the simultaneous physical presence of the supplier and the consumer.
PRACTICE NOTES
This Practice Note summarises the law, guidance and practice relating to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), which regulate contracts for the sale and supply of goods, services and digital content to consumers alongside other consumer protection legislation. It explains when the CCR 2013 apply, the differences between distance, off-premises (doorstep) and on-premises contracts, what information must be provided to the consumer, and the consumer’s cancellation rights once the contract has been concluded. It also considers the rules on additional charges and help-lines, the consequences of failing to comply with the CCR 2013 and enforcement. This Practice Note considers only the CCR 2013. However, businesses also need to be aware of other legislation which impacts how they trade, contract or otherwise deal with consumers. For more information, see Practice Note: Key consumer legislation—summary. Background The CCR 2013 implemented the majority of Directive 2011/83/EU, the EU Consumer Rights Directive (EU CRD), into UK law. The aim of the EU CRD was to encourage growth and consumer confidence by
GLOSSARY
A television channel from another market imported and carried locally by a cable television system.
GLOSSARY
Distinctly applicable measures are the national rules or practices that discriminate against the imported (or exported) products in favour of domestic products.
NEWS
Family analysis: What does Re C tell us about the court’s approach to internal relocation cases? Deborah Eaton QC and Stephen Jarmain, barristers at 1 King’s Bench Walk, who acted on behalf of the mother in this case, argue that the decision in Re C suggests the courts do not interpret the law on internal and external relocation cases as distinct.