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In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection E-commerce International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship ASA rulings—16 October 2024 A single formal complaint reached the Advertising Standards Authority (ASA) about the Travel Crew website. It questioned whether the promoted flight fares were misleading, because the fare shown at the point of booking was higher than the headline price originally displayed. The ASA upheld the complaint. See: LNB News 16/10/2024 18. Ofcom renews co-regulatory ASA arrangements for broadcast, ODPS and VSPs ads Ofcom has extended for a further ten-year period its co-regulatory arrangements with the Advertising Standards Authority (ASA) covering advertising across broadcast, on-demand programme services (ODPS) and video-sharing platforms (VSPs), now lasting until 31 October 2034. This followed a public consultation that drew...
Gazi v McKenzie [2024] EWHC 2103 (Ch) What are the practical implications of this case? Executors frequently become embroiled in wrangles between competing beneficiaries concerning the deceased’s assets, the rights to them, and their distribution. Yet, as this judgment demonstrates, the dispute can swiftly swell far beyond the real monetary value at issue. In such circumstances executors must take great care, especially when legal expenses start to mount while attempting to resolve the problem and complete the estate’s administration. The law provides several avenues to shield executors in scenarios like this; the appropriate safeguard will ultimately depend on the particular questions that arise and on the respective positions of the parties. Proportionality therefore matters, and unchecked contention risks eclipsing the estate’s limited stakes and rapidly depleting resources through avoidable expenditure. Although executors may view the situation as straightforward, the legal landscape is complex; the accepted starting point is the categorisation, and the differing costs regimes, set out in Alsop Wilkinson v Neary [1996] 1 WLR 1220. Where the matter...
This Practice Note examines the enforcement of standard security over heritable property in Scotland. Legal framework The regime governing enforcement of standard securities sits in, and is derived from, Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970 (CFR(S)A 1970). The statutory framework originally set out in the CFR(S)A 1970 has been significantly modified for securities over properties used for residential purposes, principally by the following: Mortgage Rights (Scotland) Act 2001, and Home Owner and Debtor Protection (Scotland) Act 2010 When considering enforcement of any standard security, the reference point is the security instrument itself and, in particular, the operation and application of the ‘Standard Conditions’ contained in CFR(S)A 1970, Sch 3. From an enforcement standpoint, normally the key Standard Conditions to note in practice are: Standard Condition 9—which defines the circumstances in which a debtor is to be treated as being in default, and Standard Condition 10—which describes the creditor’s suite of rights once...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...
The general position of the bankruptcy and family courts The interaction between bankruptcy and divorce has been examined in numerous judgments across both the bankruptcy and family courts. Regrettably, it is not unusual for a bankruptcy to be underway while divorce proceedings continue, and parallel actions can give rise to disputes over the distribution of assets. The point at which a bankruptcy petition is presented, when contrasted with the time the family court issues a property adjustment order, is pivotal in determining how bankruptcy proceedings will affect the family case. For further reading on bankruptcy and divorce proceedings, see: Bankruptcy and family financial remedy proceedings—overview Practice Note: The impact of bankruptcy on divorce proceedings Practice Note: Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?...
We are now at a point in your matter where, in our view, it is in your best interests to purchase [ insert type of insurance ]. We recommend arranging this cover through [ state name of insurance provider to whom you have introduced the client for insurance or who has given you delegated authority to issue a policy ]. We have already spoken about this and you have confirmed that we will [ state what you will do to arrange the insurance, eg complete and submit a proposal form on your behalf or issue the policy under delegated authority ]. You have also authorised us to share the relevant personal data and information with [ state name of insurance provider ] for this purpose... Fees, charges and commission Insurance premium The [ insert type of insurance ] insurance policy is priced at £[ insert amount or where it is not possible to give a specific amount, the basis for the calculation of the premium ]. This...