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UK Commercial Law Weekly Highlights: ASA rulings; Supreme Court fiduciary profits; DMCCA consumer/greenwashing; procurement modern slavery; contract and shipping cases; HMRC customs—17 April 2025

Published on: 17 April 2025

Published by a LexisNexis Commercial expert
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Advertising, marketing and sponsorship

ASA rulings—16 April 2025

The Advertising Standards Authority issued two decisions on 16 April 2025. A challenge to Fitzdares Ltd over Stuart Broad’s betting promotion was dismissed, as the regulator concluded the retired cricketer did not have a strong pull for under-18s. Separately, Vodafone’s “The Nation’s Network” claim was upheld in part: the television advert was acceptable given its clear heritage framing, but the website advert breached the CAP Code by presenting an unsubstantiated comparative claim without objective verification. See: LNB News 16/04/2025 30.

Agency and distribution

Supreme Court rejects attempt to modify fiduciary profit rule (Rukhadze v Recovery Partners GP Ltd)

A seven-justice panel of the Supreme Court unanimously refused to adopt a ‘but for’ causation test that would have enabled fiduciaries to keep profits by showing they could have been earned without any breach of fiduciary duty...

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