Section 28(1)(a) bar meaning

The Financial Conduct Authority’s (FCA) Consumer Duty The Financial Conduct Authority’s (FCA) Consumer Duty sets a high bar for the care firms must deliver to retail customers. It has applied to new and existing products and services open to sale or renewal from July 2023, and to closed-book products and services from July 2024. The FCA continues to release materials to support firms with implementing and embedding the Consumer Duty. This timeline summarises publications and developments connected to the Duty. The Duty comprises high-level, outcomes-focused requirements that apply to firms operating in retail markets for regulated financial services and products. It covers all firms involved in the creation, provision, operation, marketing, or distribution of products and services offered to retail customers—whether or not a direct customer relationship exists with the end user. For fuller information on the FCA’s Consumer Duty and its constituent parts, see Practice Note: The FCA Consumer Duty—essentials and checklists: The FCA Consumer Duty Checklist—implementation and The FCA Consumer Duty Checklist—information sharing in...

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

This Checklist offers a proposed set of key points to weigh up when assessing whether a construction agreement—be that a building contract, a consultant appointment or a collateral warranty—can be assigned. It also sets out the practical steps to be taken to complete an assignment of the benefit of a construction contract from one party to another. Does the construction contract contain assignment provisions? Construction agreements commonly include an explicit clause addressing the parties’ rights to assign under it. Where the contract says nothing about assignment, either side may assign the contract without limitation or constraint. In some cases, the contract will expressly bar assignment by one or both parties. Usually, the employer is not wholly barred from assigning; however, there is often a cap on how many assignments can occur without the other party’s consent (see further on restrictions below). See Practice Note: Assignment in construction contracts. Are there any restrictions on the right to assign? Construction...

Prepared with Anthony Shatz of Fladgate LLP, this flowchart outlines the steps to be taken and the key matters to consider for a transfer of shares in a joint venture company (JVC), where a right of first refusal (ROFR), together with drag along and tag along provisions, appear in the articles of association/shareholders’ agreement...

Antitrust Court of Justice issues judgment in national reference from the Netherlands proposing that parity clauses are not ancillary restrictions for the purposes of EU competition law The Court of Justice has delivered its judgment in Case C- 264/23 Booking,com BV and Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH and Others, concerning a Dutch reference seeking clarification on whether wide and narrow parity clauses are ancillary restraints under Article 101(1) TFEU. The reference seeks guidance on their classification within EU competition rules under Article 101(1) of TFEU. Background Booking.com BV runs an online hotel reservation platform. Up to 2015, its agreements contained wide price parity obligations that stopped hotels from advertising cheaper room rates via their own direct channels and any other outlets, including rival online travel agencies (OTAs). Thereafter, Booking.com moved to narrow price parity undertakings, which bar hotels from offering lower prices through their direct sales channels; the Federal Court of Justice of Germany nonetheless held these also restrict competition. Booking.com and other...

Motor Insurers Bureau v Houston [2025] EWHC 3178 (KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any order, and practitioners should take care to verify the exact wording of a debarring order in every case. That is not, however, to suggest the...

BC v BC [2025] EWFC 236 What are the practical implications of this case? The key takeaway for practitioners is to disregard paragraph 8 of the FRC Primary Principles, in particular its closing clause which states ‘and an assurance that offers were made on each side and an indication given’. Whether the FRC will issue a revised iteration of the Primary Principles to reflect Peel J’s ruling remains uncertain at this stage. Practitioners should likewise observe the effective bar on obliquely attributing fault for an unproductive pFDR by referring to a party having left the appointment after an indication was given, as such references amount to indirect blame. The ruling should, in turn, streamline the pFDR process and reduce the scope for satellite litigation that might otherwise follow, notably where no settlement is achieved. In essence, the only matters that should be disclosed are neutral particulars confirming that a pFDR has taken place, and nothing more. What was the background? The parties had taken part in...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

A tattoo is a permanent body mark made by piercing the skin and placing coloured ink beneath the surface. Slim, ink-charged needles pass through the outer epidermis into the deeper dermis, which contains blood vessels, hair follicles, glands, nerves and lymph vessels. This injury sparks inflammation, and the immune system swiftly sends macrophages, a form of white blood cell, to support healing. Tattoos are therefore long-lasting, though, like a scar, they may fade with time. Macrophages engulf dye particles to aid the repair process; some travel to the lymph nodes, while others remain within the dermis. The remaining colour is taken up by fibroblast skin cells and, together with the macrophages, this keeps the tattoo in place. Tattoo machine Modern hand-held tattoo machines, sometimes called ‘tattoo guns’, use electromagnetic coils to drive an armature bar up and down. Attached to this bar is a grouped set of needles that delivers the ink into the skin...

This Practice Note This Practice Note examines the Limitation Act 1980 (LA 1980) and sets out the periods within which claimants are permitted to start different kinds of claims. As a rule, any proceedings begun after the relevant limitation window has ended will be statute-barred, affording the defendant a complete defence. It further describes, for personal injury matters, the general principles on when time begins to run, the notion of date of knowledge, and when a court may lift the limitation bar. It also contains a practical checklist of personal injury actions that sit outside the standard three-year time limit. LA 1980 prescribes the statutory deadlines within which claimants may pursue various categories of claims. Those limits define the period within which such claims must properly be started. Broadly, a defendant will enjoy a full defence to any proceedings issued (see further below: ‘When is a claim brought?’) after the expiry of the applicable period. Once the pertinent time limit has elapsed, the claim is treated as statute-barred. The...

1 Definitions Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives; Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such business; Conclusion Date – means, unless stated otherwise, the first date on which the Missives bring about a concluded contract; Date of...

Financial sanctions Financial sanctions are controls that limit transactions involving money and the delivery of financial services; they may, for example, bar the transfer of funds to particular countries, individuals or entities. The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) is the UK’s principal sanctions law. It outlines the sanctions that can be introduced and the aims they may serve, empowers ministers to set detailed rules, and places obligations to ensure robust scrutiny and the safeguarding of the rights of those affected. Regulations made under SAMLA 2018 can create a wide range of measures—covering financial, trade, immigration, transport, etc. Financial sanctions typically prohibit dealing with assets, or making funds or economic resources available to, or for the benefit of, designated persons. There are also sectoral sanctions that forbid or restrict specified financial and investment activities. For our business, adherence to this framework is essential: non-compliance could lead to significant penalties for the organisation and for the individuals involved. Compliance requires several steps, including: ...

This Agreement is made on [ insert day ] of [ insert month ] 20[ insert year ] Parties [ Insert full legal name and residential address of the individual, or the company’s registered name, number, and registered office address ] (Party A) [ Insert full legal name and residential address of the individual, or the company’s registered name, number, and registered office address ] (Party B) Each is a ‘Party’, and together they are the ‘Parties’. The Parties hereby agree as follows: 1 Definitions and Interpretation Dispute – denotes any claim that stems from, or relates to, [ Insert description of the dispute/circumstances giving rise to the dispute ]. Proceedings – refers to litigation before the courts of England and Wales, and any arbitration connected to the Dispute. Period of Suspension – signifies the timeframe commencing on the date of this Agreement and continuing until brought to an end in accordance with clause 3....

Our Practice Note: Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives Our Practice Note sets out that a sponsor licence application can, and in some instances will, be declined or, where applicable, the licence later revoked, if any of the Authorising Officer, Key Contact, Level 1 user, or any owner, director or other individual involved in the day-to-day running of the organisation: has any unspent convictions relating to immigration offences or a number of listed serious offences in Part 1 of the Sponsor Guidance at Annex L4 (Part 1, para L4.3)—mandatory refusal of the application (Part 1 Annex L1(b)) and/or mandatory revocation of the licence (Part 3, Annex C1(b)) has previously been dishonest in their relationship with […] any other government department) […]—a licence application will normally be refused/existing licence will normally be ...

Where a long residential lease is extended under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute? A restriction entered on the register indicates that the proprietor’s power to deal with the land is constrained in some manner. Its practical effect is either to bar registration of a disposition, or to oblige the applicant to satisfy specified requirements before registration can proceed, for example by producing evidence of consent from the person entitled to the benefit of the restriction. A restriction may apply to every disposition, or be confined to a defined class of disposition. It can prevent any entry from being made permanently, for a stated period, or until a stated...

Commercial leases commonly bar tenants from carrying out alterations or enhancements to the let premises unless the landlord agrees. In addition, tenants are typically required, on expiry of the term, to hand back the property in the condition it was in at the outset. As a result, if consent for alterations is given, an obligation to reinstate will generally be imposed as a pre-condition. The Landlord and Tenant Act 1927 (LTA 1927) sets out a number of provisions concerning improvements...