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PRACTICE NOTES
This Practice Note highlights key issues for solicitors arising out of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 in relation to costs and funding. The Practice Note is intended to highlight the key issues for solicitors arising out of the regulations in relation to costs and funding. It is not intended to review these regulations more generally. It covers three different types of contract being distance, off-premises and on-premises along with issues to be considered. Prior to CCR 2013 coming into force the following regulations applied—Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (Cancellation Regulations 2008), SI 2008/1816 and the Consumer Protection (Distance Selling) Regulations 2000, SI 2000/2334. It should be noted that following the UK's departure from the EU, CCR 2013, SI 2013/3134 continue to apply, but the following minor amendments are made to the regulations, as set out in the Consumer Protection (Amendment etc) (EU Exit) Regulations
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008)—in particular the unfair commercial practices of misleading actions, misleading omissions, aggressive practices and banned practices, and it considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. This Practice Note also briefly considers the criminal offences created by the CPUTR 2008, enforcement and the private right of redress. The DMCCA 2024 In July 2021, BEIS, now the Department for Business and Trade, launched a consultation on reforming competition policy, consumer rights and consumer law enforcement. Key proposals in the consultation included: • updating consumer rights by tackling subscription traps, preventing online exploitation of customers through fake reviews, and creating better prepayment protections • reforming the enforcement of consumer law by giving stronger powers to enforcers—including financial penalties, supporting
PRACTICE NOTES
This Practice Note looks at the key features of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), and how third party rights are used in construction contracts. It considers how third party rights are used as an alternative to collateral warranties, the nature of the rights that are actually granted to third parties and how to deal with step-in rights in this context. The C(RTP)A 1999 came into being following the Law Commission Report: ‘Privity of Contract: Contracts for the benefit of Third Parties’ (1996) which reviewed the doctrine of privity of contract and made recommendations for its reform. The C(RTP)A 1999 came into force in November 1999 and applies to contracts entered into on or after 11 May 2000. The C(RTP)A 1999 provides an alternative to collateral warranties and, in a construction context, makes it possible to include drafting in building contracts, consultant’s appointments and sub-contracts which confers rights upon third parties who would otherwise have only been able to acquire such rights by virtue of a collateral
PRACTICE NOTES
What are the key aspects of the Convention on Supplementary Compensation on Nuclear Damage (CSC)? Title Convention on Supplementary Compensation for Nuclear Damage Signatories 19 Contracting Parties 12 Entered into force Argentina, Benin (accession), Canada, Ghana (accession), India, Japan, Montenegro (accession), Morocco, Romania, United Arab Emirates, United States of America, United Kingdom (accession) Signed Australia, Czech Republic, Indonesia, Italy, Lebanon, Lithuania, Mauritius, Peru, Philippines, Senegal, Ukraine Related legislation 1960 Paris Convention Third Party Liability in the Field of Nuclear Energy (the ‘Paris Convention’), see: 1960 Paris Convention—snapshot1963 Vienna Convention on Civil Liability for Nuclear Damage (the ‘Vienna Convention’), see: 1963 Vienna Convention—snapshot [Archived] Adopted 12 September 1997 Opened for signature 29 September 1997 Came into force 15 April 2015 Subject Nuclear liability What is the current status of the CSC? In order for the Convention on Supplementary Compensation for Nuclear Damage (‘CSC’) to come into force, it must have been ratified by at least five countries
PRACTICE NOTES
The purpose of the Copyright Tribunal The Copyright Tribunal (the Tribunal) is an independent tribunal established by the Copyright, Designs and Patents Act 1988 (CDPA 1988). Its role is to resolve commercial licensing disputes between copyright owners or their agents and commercial users of copyright material. The Tribunal determines the terms and conditions of collective copyright licensing schemes operated by licensing bodies and adjudicates on disputes as to the terms of the individual licences offered by such bodies. A licensing scheme is defined under CDPA 1988, s 116(1) as ‘a scheme setting out the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences and the terms on which licences would be granted in those classes of case’. The Tribunal does not deal with claims for copyright infringement. These are dealt with by the civil courts. Most collective licensing will fall within the definition of a licensing scheme. Examples of licensing schemes include those operated by Phonographic Performance
PRACTICE NOTES
This Practice Note summarises the Insolvency Service’s 2026 Corporate Civil Enforcement Reforms consultation. It explains the proposed reforms to director disqualification, director restrictions, office-holder recovery powers, antecedent transactions, misfeasance claims, information-gathering and procedural rules. It also highlights industry responses. Introduction to the consultation The Insolvency Service launched a consultation on 25 March 2026 seeking views on reforming the corporate civil enforcement regime. The consultation closed on 22 June 2026 and the outcome is awaited. The regime is administered by the Insolvency Service and has two key pillars—the director disqualification regime, and the winding up of companies in the public interest. The regime is intended to support economic activity and reinforce confidence in the UK as a place to do business. The consultation notes that, while the regime is effective, it is 40 years old. It requires modernisation in light of changing business practices, increased corporate abuse and economic crime, and concerns that enforcement is not operating at a sufficient scale. The regime is perceived by some to be unfair because high profile individuals
PRACTICE NOTES
The Insolvency Service launched a consultation on 25 March 2026 seeking views on reforming the corporate civil enforcement regime. The consultation closed on 22 June 2026 and the outcome is awaited. The consultation notes that, while the regime is effective, it is 40 years old. It requires modernisation in light of changing business practices, increased corporate abuse and economic crime, and concerns that enforcement is not operating at a sufficient scale. The consultation proposals are therefore aimed at tackling misconduct at the scale required within the modern business environment, sitting alongside the changes made by the Economic Crime and Corporate Transparency Act 2023 (see Practice Note: The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know) and the Economic Crime (Transparency and Enforcement) Act 2022 (see Practice Note: The register of overseas entities and its impact on loan transactions (Economic Crime (Transparency and Enforcement) Act 2022)), and tying in with the Insolvency Service’s expanded remit to tackle economic crime and work
NEWS
Restructuring and Insolvency analysis: What are the potential implications of the new moratorium regime set out in the Corporate Insolvency and Governance Act 2020 (CIGA 2020) for aircraft lenders, lessors and airlines? In the first of a series of three articles, Keith Wilson, Gwen Edwards and Neha Arora of CMS consider this new law.
PRACTICE NOTES
An introduction to the legislation Corporate Insolvency and Governance Act 2020 Expedited by the coronavirus (COVID-19) pandemic, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) was introduced to the House of Commons on 20 May 2020 and received royal assent on 25 June 2020. The aim of CIGA 2020 is to promote a rescue culture to ensure companies in financial difficulties have greater opportunities to restructure and avoid formal (more often than not, terminal) insolvency processes during the coronavirus crisis and beyond. It is therefore a comparatively debtor friendly piece of legislation. It legislated for temporary measures announced by the government as part of its coronavirus response but, more significantly, it introduced permanent new tools into the UK corporate insolvency and restructuring framework. In this Practice Note, we provide summary information on the changes to insolvency and restructuring law set out in CIGA 2020 with a view to drawing out key issues and discussion points
NEWS
The Council of the EU has opened accession negotiations with Ukraine and Moldova, following its decision to do so on 14-15 December 2023. The Council has emphasised that Ukriane and Moldova are already close partners of the EU and as future member states, they will be expected to continue to adhere to the values listed in Article 2 of the Treaty on European Union which include freedom, dignity, equality, and the respect for human rights. The EU has now invited the European Commission to assess the state of preparedness of Ukraine and Moldova for opening negotiations in accordance with the Negotiating Framework.
Q&As
CPR 40.2(2) provides that a court order must— (a)    bear the date on which it is given or made, and (b)    be SEALED by the court The wording in this provision requires that the court order contains the date which is to be attributed to the court order itself. Note: CPR 40.7 provides that ‘A judgment or order takes effect from
NEWS
The biggest change involves the addition of three new chapters on consent orders, McKenzie Friends and out‑of‑hours applications.