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Q&As
Business-to-consumer contracts for the hire of goods (including second-hand goods) fall within the remit of the Consumer Rights Act 2015 (CRA 2015). CRA 2015 does not expressly address what the trader can request in the circumstances described in the Q&A. The consumer’s liability for the damage to the goods will be set out in the contract between the consumer and trader. However, a term requiring the repair or replacement in the way explained in this Q&A may be considered unfair under CRA 2015, Pt 2 which deals with unfair terms. An unfair term in a consumer contract is not binding on the consumer (CRA 2015, s 62(1)). Note that whilst an unfair term is not binding, the rest of the contract continues to have effect.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 23 October 2024; it is no longer maintained. NOTE—appeals lodged before the General Court in Cases T- 1/25 and T- 2/25 See further, timeline. Case facts Outline Commission Article 101 TFEU investigation into collusion between České dráhy and Österreichische Bundesbahnen to prevent a new entrant from competing on the rail passenger transport market (AT.40401) Latest development On 23 October 2024, the Commission issued its infringement decision and imposed fines totalling €48.7m. Total fines imposed on each company were as follows:• CD—€31.9m• ÖBB—€16.7m (including a reduction of 45% for leniency). Parties •
GLOSSARY
The term for the market for interests in venture capital and private equity limited partnerships from the original investors, who are seeking liquidity of their investment before the partnership'>limited partnership terminates. An original investor might want to sell its stake in a private equity firm for a variety of reasons: it needs liquidity, it has changed investment strategy or focus or it needs to re-balance its portfolio. The main advantage for investors looking at secondaries is that they can invest in private equity funds over a shorter period than they could with primaries (ie if they invested in the fund directly before the final closing).
GLOSSARY
Secondary legislation refers to legally binding rules made under powers delegated by an Act of Parliament or Act of the Oireachtas, rather than being enacted directly by the legislature itself. It is commonly used to fill in technical detail, implement EU or international obligations, set commencement dates, prescribe forms or fees, and update regulatory regimes without passing a new primary Act. In the UK, secondary legislation (also called “subordinate” or “delegated” legislation) includes statutory instruments, Orders in Council and regulations made by ministers, devolved administrations and certain public bodies under enabling Acts. In Ireland, it similarly covers statutory instruments, regulations and orders made under primary legislation. The term is widely used in legislation, case law and practice, although precise definitions are usually found in context-specific provisions (for example, Interpretation Acts and particular enabling statutes). Across England and Wales, Scotland, Northern Ireland and Ireland, the core concept is consistent: secondary legislation must stay within the scope of the parent Act, is subject to specified parliamentary or Oireachtas scrutiny procedures, and is vulnerable to judicial review if it exceeds delegated powers or breaches constitutional or human rights norms.
NEWS
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 44th report of session 2024–26. One instrument was drawn to the special attention of the House: the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025, SI 2025/1195, due to significant delays, in some cases up to a decade, in the Maritime and Coastguard Agency’s implementation of recommendations made by the Marine Accident Investigation Branch, many of which stem from serious or fatal maritime incidents. The Committee described these delays as unacceptable, noted ongoing concerns about the wider 'maritime backlog' of overdue legislation, and indicated that it intends to write to the Minister seeking further explanation.
NEWS
The Secondary Legislation Scrutiny Committee has reported two draft statutory instruments, both drawn to the special attention of the House on the ground that they are politically or legally important or give rise to issues of public policy likely to be of interest to the House.
NEWS
The Secondary Legislation Scrutiny Committee has reported two proposed negative statutory instruments laid for sifting under the Retained EU Law (Revocation and Reform) Act 2023 (REULA 2023), which were not recommended for upgrade to the affirmative procedure.
NEWS
The Secondary Legislation Scrutiny Committee (SLSC) has reported two draft statutory instruments, both drawn to the special attention of the House on the ground that they are politically or legally important or give rise to issues of public policy likely to be of interest to the House.
NEWS
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 53rd Report of Session 2022–23, which contains the Committee’s thoughts on instruments of interest and instruments excluded from being drawn to the special interest of the House. In the Report, the SLSC has considered proposed negative instruments laid for sifting under the Retained EU Law (Revocation and Reform) Act 2023, and has recommended that the Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 be upgraded to the affirmative procedure. In this session, special attention of the House has been drawn to the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2023, SI 2023/990 on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House. Also drawn to the special attention of the House has been the Data Protection (Adequacy) (United States of America) Regulations 2023, SI 2023/1028 on the ground that the explanatory material laid in support provides insufficient information to gain a clear understanding about the instrument’s policy objective and intended implementation. In the Report, the SLSC has also included reference to an update from the Department for Transport on its maritime backlog and has expressed ‘grave concerns’ regarding delays. Additional instruments of interest include the Draft National Minimum Wage (Amendment) (No. 2) Regulations 2023; the Draft Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 and the Draft Non-Party Campaigner Code of Practice; the Statement of Changes in Immigration Rules (HC 1780); the Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2023, SI 2023/999; and the Judicial Discipline (Prescribed Procedures) Regulations 2023, SI 2023/1005.
PRACTICE NOTES
ARCHIVED: Lexis+® UK Corporate conducted research to examine market trends in respect of equity capital markets (ECM) transactions in 2019, using 2018 and 2017 ECM transactions for comparative purposes. Background and approach We reviewed a total of 522 secondary offers (289 on the Main Market and 233 on AIM). Secondary offers for the purposes of this review include placings, open offers, offers for subscription and rights issues raising £10m or more in gross proceeds for the company. Where gross proceeds have been calculated, the figures refer to the gross proceeds received by the company and not proceeds raised by selling shareholders (if any). The percentages included in this report have been rounded up or down as appropriate and accordingly percentages may not in aggregate add up to 100%. This review of 2019 secondary offers forms part of our annual trend report which aims to provide insight into the current dynamics of ECM activity in the UK. The other parts of our 2019 trend report comprise: • IPOs in 2019—Main Market and AIM [Archived]
NEWS
PI & Clinical Negligence analysis: Alex Stutt of Anthony Gold discusses the landmark Supreme Court case of Paul and another (Appellants) v Royal Wolverhampton NHS Trust (Respondent) [2024] UKSC 1 and considers the impact of the court’s comments on duty of care.
GLOSSARY
A buy-out by a financial sponsor of a business from another financial sponsor.