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PRACTICE NOTES
This Practice Note considers the redress mechanisms for consumer card payments under section 75 of the Consumer Credit Act 1974 (CCA 1974) and chargeback, available for consumers where they have purchased goods or services using plastic cards. These redress mechanisms are helpful where goods or services have not been provided to the expected standard or not provided at all, or where the trader goes into liquidation or ceases trading. Which redress mechanism is available depends on the type of card used for the payment and the value of goods or services purchased. This Practice Note also considers consumer prepayments, including consumer savings schemes (such as Christmas clubs) and gift vouchers, on retailer insolvency. These redress mechanisms are in addition to any other redress mechanisms and consumer rights available to consumers under consumer protection legislation. For a summary of key consumer protection legislation, see Practice Note: Key consumer legislation—summary. Section 75 of the CCA 1974 CCA 1974, s 75 provides additional protection where a consumer pays for goods or services, either wholly or in part,
NEWS
The Disclosure and Barring Service (DBS) has reduced the fees for DBS checks and subscribing to the Update Service with effect from 5 October 2026.
GLOSSARY
A supply, acquisition or importation is charged to tax at the reduced rate (VATA 1994, s.29A(1)) if it falls within the descriptions for the time being contained in VATA 1994, Sch 7A.
NEWS
Employment analysis: A tribunal was wrong to find that an employer’s decision to reduce a payment under the Civil Service Compensation Scheme (CSCS) amounted to discrimination arising from disability under section 15 of the Equality Act 2010, because the relevant treatment for the purposes of the claim, namely the entitlement to the payment, was not unfavourable to the claimant. The tribunal had erred in artificially separating out the entitlement to the award (the relevant treatment, which did not constitute a disadvantage) from the calculation of that award, which would not have arisen but for the initial entitlement. The tribunal had however been entitled to find that the dismissal of a disabled employee on long-term sickness absence was not discriminatory because the dismissal was a proportionate means of achieving the employer’s legitimate aims of ensuring staff were capable of demonstrating satisfactory attendance and a good standard of attendance (comprising the aims of the maintenance of a fair, effective and transparent sickness management regime and efficient use of resources), according to the EAT.
PRACTICE NOTES
There are a number of ways that disputes can arise in a franchise context that can be mitigated by what you include in the franchise agreement and how it is policed. It is vital that it isn’t simply a document that is hidden away in a cupboard and forgotten about until there is a problem. This Practice Note highlights some of the key provisions in franchise agreements and in a franchise context that help reduce the risk of disputes arising between franchisor and franchisee. Misrepresentation One of the key areas that the franchise agreement tries to address is avoiding misrepresentation claims against the franchisor. It is an oft-cited reason for seeking to terminate a franchise agreement early that the franchisee was in some way misled into buying the franchise. This argument is countered by the franchise agreement in a variety of key provisions: Entire agreement This clause clarifies that the ‘deal’ between the franchisee and the franchisor is recorded in the franchise agreement. Anything not recorded or documented by the
PRACTICE NOTES
This Practice Note is originally authored by Timothy Murray, Murray, Hogue & Lannis for publication on Lexis+ US, and is published with adaptations for the UK. This Practice Note considers measures that commercial practitioners can take to help reduce the risks of disputes arising in the supply chain. It considers co-ordination within the supply chain, supplier vetting, involving legal advisors, and also considers the clauses that can be used in a supply chain contract to protect the client. The best way to resolve disputes is to ensure, to the extent possible, that they never occur. This means drafting your client's contract in a way that will: • discourage challenge in the event disputes loom • protect your client's interests in the event challenges are mounted These points are obvious, but they pose unique challenges in the context of a supply chain. The secret to resolving supply chain disputes is not found in litigation strategy after a dispute has arisen. Rather, it's found in making prudent choices when the supply chain
GLOSSARY
The setting aside of a deed, contract, decree or award, usually by legal process.
NEWS
The President of the Family Division, Sir Andrew McFarlane, has announced that the London Financial Remedies Court (FRC) will reduce its sitting days between October 2025 and March 2026, in order to bring the forecast of financial remedies sitting days into line with the proportions agreed by the Lord Chancellor and Lady Chief Justice. During this period there will be fewer London FRC lists at both the Central Family Court and the other London Family Courts. The Central Family Court overflow courts at the Royal Courts of Justice will not operate. Affected parties will be contacted.
GLOSSARY
Company law requires the maintenance of a company's capital for the benefit of its members. For this reason, there are usually restrictions on the reduction of capital by a company. The most common reasons why a company may want to reduce its capital are to increase or create distributable reserves to enable future dividends to be paid to shareholders, to return surplus capital to shareholders, to facilitate a share buyback or redemption of shares, or as part of a scheme of arrangement. For further information, see Reduction of capital—overview.
PRECEDENTS
STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024, which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories, such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Precedent reflects the listing regime as it was prior to 29 July 2024. This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of HoldCo] incorporated in [England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (HoldCo), and 2 [Insert name of NewCo] incorporated in [England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered
PRECEDENTS
Company number: [insert number] [insert company name]  [LTD OR PLC] (the Company) Statement of directors We,
GLOSSARY
When an employee's role has diminished or disappeared such that it is no longer required by the employer.