Misleading actions meaning

Private actions CAT refuses certification of collective proceedings against water companies The CAT handed down its judgment on a number of applications for collective proceedings orders (CPOs) issued by Professor Carolyn Roberts against six water and sewerage undertakers (Wises). She alleged the companies abused a dominant position by supplying misleading information to various regulatory bodies about the volume of pollution incidents on their networks. The CAT declined to certify the claims, finding that the abuse of dominance allegations were statute barred. Background In 2024, Professor Carolyn Roberts (the PCR) sought authorisation to bring collective proceedings on behalf of household customers of six Wises, claiming the undertakers under-reported pollution incidents (PIs) to the Water Services Regulation Authority (Ofwat). The PCR contended that this alleged understatement meant the Wises were able to charge higher prices than would have been allowed had accurate figures been reported...

Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions alleging greenwashing, challenging claims ranging from carbon neutrality to green product labels. State attorneys general have also been active, notably in...

Key changes DMCCA 2024, Part 3 confers fresh, direct enforcement powers on the CMA in respect of specified consumer regulations. Those powers will apply under the new framework introduced by Part 4 of DMCCA 2024 (effective from 6 April 2025), while the predecessor Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, will continue to govern relevant actions—such as misleading statements and omissions—that took place before that date. The CMA may investigate suspected breaches of consumer protection law and, where a contravention is identified, direct companies to comply with remedial steps (for example, removing offending statements from public materials or communications) and/or levy a penalty of up to 10% of a company’s worldwide turnover, including the turnover of any parent company and subsidiaries. In addition, throughout an investigation, the CMA can require undertakings from a business, such as commitments prohibiting it from making particular statements or from engaging in practices that may amount to an infringement under the relevant consumer protection law framework...

This Practice Note outlines the SRA’s regulatory obligations around litigation and advocacy, and offers direction on why a litigation policy is necessary. It mirrors the SRA Standards and Regulations and draws on pertinent SRA guidance, particularly on conduct in disputes. It also aligns with current SRA commentary on dispute conduct. What types of litigation are covered? A ‘court’ encompasses any court, tribunal or inquiry in England and Wales, a British court martial, or a court in another jurisdiction. Strictly speaking, alternative dispute resolution (ADR), including mediation or arbitration, does not take place before a court. Nonetheless, you should apply equivalent standards of behaviour across all ADR processes; the SRA Principles are pervasive and extend to ADR. Accordingly, maintain consistent professional decorum across mediation, arbitration and other ADR formats. SRA Standards and Regulations It reflects the SRA Standards and Regulations, together with relevant SRA guidance. SRA Principles The SRA Principles are paramount duties that ought to guide all your actions—and inactions...

Context and adoption Rapidly increasing packaging output, together with low rates of re-use, limited collection, and weak recycling, creates major obstacles to achieving a low-carbon circular economy in the EU. Packaging consumes large quantities of virgin resources and makes up 36% of the EU’s municipal solid waste. The Commission reports that 40% of plastics and 50% of paper used within the EU goes into packaging. On 11 March 2020, the Commission set out a new Circular Economy Action Plan. As a pillar of both the European Green Deal and the EU’s Industrial Strategy, the Plan unveiled actions to make sustainable products standard in the EU and to ensure less waste. In line with these commitments, on 30 November 2022 the Commission tabled a proposal for a new regulation on packaging and packaging waste, to amend Regulation (EU) 2019/1020 (the Market Surveillance Regulation) and Directive (EU) 2019/904 (the Single Use Plastics Directive), and to repeal Directive 94/62/EC (the EU Packaging and Packaging Waste Directive). The resulting Regulation (EU)...

The Financial Services Enforcement Database brings together comprehensive details on all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. Searches can be run and narrowed by a range of fields, including: rule/legislation breach keyword such as ‘Open and cooperative’ sector date financial penalty aspects of financial penalty analysis outcomes including redress and prohibition orders other actions such as referrals to the Upper Tribunal Non-compliance with a requirement under Part XI of the Financial Services and Markets Act 2000 (FSMA 2000)—for instance, failing to supply documents or information, or supplying false information—can have serious consequences. The process for addressing such non-compliance during a Financial Conduct Authority (FCA) investigation is set out in FSMA 2000, s 177. Failure to comply with an FCA information or document requirement The FCA’s statutory powers to compel information from those under investigation, or from third parties, are described in Practice Note: FCA enforcement essentials—investigations—Powers of...

Insert the following as new definitions (if not already included) in the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed • means information [ fully, fairly and accurately ] disclosed [ (relating specifically to the subject matter of the Warranty and without omitting any fact which may render the Warranty and the matter disclosed untrue, inaccurate and misleading) ] and presented with sufficient clarity and detail to allow a buyer to reach a clear, informed and accurate evaluation of the relevant facts, matters or circumstances concerned; Losses • means any and all liabilities, costs, outgoings (including legal expenses), claims, actions, proceedings, damages, fines, penalties, loss of profit [ and Consequential Loss ]; Tax Warranties • denotes the warranties [ and representations ] contained in paragraph [ insert number ] of Schedule [ insert number ], and Tax Warranty refers to any one of them; Warranties • signifies the warranties [ and representations ] included in Schedule [...

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, outlaws unfair commercial practices that harm consumers’ economic interests. Such practices cover areas like product labelling. For more detail, refer to Practice Note: The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived]. Examples of prohibited behaviour include misleading actions, as specified in reg 5 of CPUTR 2008, SI 2008/1277...