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NEWS
Consumer's Association (Which?) has conducted research into budget airline bag prices, finding that major airlines such as RyanAir and Easyjet systematically fail to include in the total price advertised the realistic cost of baggage. Which? has reported their findings to the Advertising Standards Authority for misleading 'from' price claims and the ASA is investigating.
NEWS
Which? has filed a £3bn claim against Apple with the Competition Appeal Tribunal, alleging breaches of UK competition law. The action accuses Apple of anti-competitive practices by favouring its iCloud service and restricting consumer choice in cloud storage. Which? is seeking damages for approximately 40 million UK Apple customers who have used iCloud since 1 October 2015, with potential individual compensation averaging £70. The case aims to compel Apple to reimburse consumers and open up its iOS system to allow genuine choice in cloud services.
NEWS
The consumer financial body Which? has made a super-complaint to the Financial Conduct Authority (FCA) concerning standards in the home and travel insurance markets. Which? says too many customers are being sold policies that don’t end up delivering as expected, and that claims-handling service levels ‘aren’t up to scratch’. The FCA has 90 days to review and respond to the super-complaint.
Q&As
It has always been the case that a person who uses and occupies property must generally pay for its use. That is the case even where that person remains in possession of premises after the determination of a lease (called 'holding over'). In some circumstances, a person holding over is subject to fairly draconian obligations for their continued occupation—the landlord can either claim double value under the Landlord and Tenant Act 1730, or double rent under the Distress for Rent Act 1737, depending on the circumstances. Part II of the Landlord
Q&As
Section 993 of the Companies Act 2006 (CA 2006) makes it an offence for any business of a company to be carried on with intent to defraud creditors, or for any fraudulent purpose and every person who is knowingly a party to such activities commits the offence. Any person convicted of this offence is liable on conviction on indictment to imprisonment for up to ten years and/or to an unlimited fine, or, on summary conviction in England and Wales, to imprisonment of up to six months and/or an unlimited fine. Section 9 of the Fraud Act 2006 makes fraudulent trading by sole traders, partnerships and trusts and other non-corporate entities a criminal offence. On conviction, offenders are liable on conviction on indictment to a maximum term of imprisonment of ten years and/or an unlimited fine. Following summary conviction, the maximum term of imprisonment which may be imposed is six months and/or an unlimited fine.
Q&As
By section 104 of the Law of Property Act 1925 (LPA 1925), a mortgagee exercising a power of sale may convey the property sold freed from all estate, interests and rights to which the mortgage has priority, but subject to all estates, interests and rights which have priority to the mortgage. By LPA 1925, s 105 the proceeds of sale after payment into court to meet any prior incumbrance, the costs of sale and to discharge the mortgage, are held on trust to be paid to the person entitled to the mortgaged property, which will be the successive encumbrancer if any in accordance with their priority. By
Q&As
Under the Arbitration Act 1996 (AA 1996), the courts of England and Wales have wide powers to support arbitration. These include measures to support the commencement of an arbitration or a pending reference (eg, applications to appoint arbitrators, anti-suit injunctions and other interim measures under AA 1996, s 44) and challenges/appeals or other applications after an award has been issued. With the ever-increasing impact of coronavirus, the first question is whether a court application is necessary at all. Consistent with the policies of limited court intervention and party autonomy underpinning the AA 1996, the tribunal should be the first, and increasingly the last, port of call. Her Majesty's Courts and Tribunal Service (HMCTS) will doubtless become increasingly stretched and many applications can and should be dealt with by the tribunal. Tribunals are well positioned
Q&As
An individual voluntary arrangement (IVA) is an agreement entered into between an individual and their creditors (and possibly with third parties) for a composition of that person’s debts or a scheme of arrangement of their affairs under the Insolvency Act 1986 (IA 1986). IVAs are proposed where an individual is in financial difficulties, with the aim of releasing liabilities without the need for bankruptcy. Under the IVA, the debtor often pays off an agreed
Q&As
You will find the following Practice Notes useful in relation to your question: • Auto-enrolment—an introduction • Auto-enrolment—who needs to be enrolled? As explained in the first Practice Note, all ‘eligible jobholders’ must be enrolled automatically into an ‘automatic enrolment scheme’. The second Practice Note explains that ‘an eligible jobholder’ is a jobholder aged at least 22 but under state pension age who has qualifying earnings above the earnings trigger (ie earnings above £10,000 for the 2019/20 or 2020/21 tax years). The second Practice Note also sets out exceptions to the auto-enrolment duty (see main section entitled Exceptions
Q&As
Generally, common interest privilege may arise in respect of privileged communications between parties sharing the same interest, even in circumstances where there is no joint privilege, for example, neighbours complaining of a nuisance that affects both equally but where only one is the claimant. See Practice Note: Privilege—joint and common interest privilege, in particular section:
GLOSSARY
Injury to the neck or back caused by sudden extension distortion.
PRACTICE NOTES
NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents which occur on or after 31 May 2021 and where the amount claimed for the injuries is not more than £5,000 and the overall claim is not more than £10,000. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of damages for pain, suffering and loss of amenity (PSLA) (subject to certain exceptions). For further details of the RTA Small Claims Protocol including the circumstances where it does not apply, see: The RTA small claims protocol—key features checklist. Whiplash claims (also commonly referred to as soft tissue injury claims) are caused by an impact to a vehicle, which results in its sudden acceleration and which causes a violent extension to the claimants neck. While the claimant’s body remains restrained, their head is thrown backwards and the neck extends. This vigorous movement of