News & Analysis as of

Consumer Contracts United Kingdom

Cooley LLP

The Million-Pound Question (Revisited): Is My Contract Unfair?

Cooley LLP on

The decision of the High Court of England and Wales in Durber v. PPB Entertainment Ltd is another helpful case study in how to host a consumer-facing website. It is interesting, given how much time is spent carefully drafting...more

Latham & Watkins LLP

A New Era for Consumer Protection: The Digital Markets, Competition and Consumers Act

Latham & Watkins LLP on

An overhaul of the UK consumer law landscape is on the horizon, with the consumer law provisions of the Digital Markets, Competition and Consumers Act 2024 set to take effect on 6 April 2025....more

DLA Piper

Video Games: UK Government confirms it will not amend consumer law to require video game publishers to support old versions of...

DLA Piper on

On 3 February 2025, the UK Government responded to a petition (filed by video games users) for the UK government to update existing consumer law to prohibit video games publishers from retiring/disabling video games (and...more

K&L Gates LLP

Key Changes to Consumer Protection Laws and Subscription Contracts in the United Kingdom That You Need to Know

K&L Gates LLP on

The landscape of subscription contracts is changing around the world, with a heavy focus on consumer protection. In the United States, the recently released "Rule Concerning Recurring Subscriptions and Other Negative Option...more

BCLP

Shaping the Implementation of the UK’s New Rules on Subscription Contracts

BCLP on

Businesses now have the chance to influence the new UK rules governing subscriptions contracts by responding the Government’s consultation on the new legislation (and the secondary rules which are required to implement it)....more

Cooley LLP

Government Reveals New Proposals for Incoming Subscription Contracts Regime Under DMCC Act

Cooley LLP on

In our last update on the Digital Markets Competition and Consumer Act (DMCC Act), we outlined some of the key consumer protection enhancements set to come into force in the UK. In particular, the DMCC Act sets out new rules...more

Hogan Lovells

UK Government consults on the implementation of the new subscription contract regime

Hogan Lovells on

Ahead of the implementation of the new subscription contract regime set out in the Digital Markets, Competition and Consumers Act 2024 (“DMCCA”), which is due to come into force during 2026, the UK Government is consulting on...more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

BCLP on

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

BCLP

The DMCCA: Taking a Closer Look at the Impact on Subscription Contracts

BCLP on

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has recently received royal assent, following the announcement of the July General Election. We examine the key developments in our previous article. One very...more

Faegre Drinker Biddle & Reath LLP

English Commercial Court Refuses Recognition and Enforcement of California-Seated Arbitration Award on Grounds of Public Policy

In Payward Inc, Payward Ventures Inc and Payward Ltd v Chechetkin [2023] EWHC 1780 (Comm), the English Commercial Court refused to enforce a California-seated arbitration award, on the basis that enforcement would contravene...more

Latham & Watkins LLP

Is the Customer Always Right? PE in Focus as Regulators Tighten Grip on Consumer Facing Companies

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Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation is set to impact businesses and PE...more

International Lawyers Network

Oxford University's IP Provisions Under the Microscope: Oxford University Innovation v Oxford Nanoimaging Limited [2022]

In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair...more

A&O Shearman

Service levels and service credits tips and tricks

A&O Shearman on

The Roman empire dominated the Mediterranean with their fearsome fleet of ships. One of their secrets? They apparently outsourced the crewing of some ships to private merchants. Some merchants would agree to ensure the ships...more

Morgan Lewis - Tech & Sourcing

UK Financial Conduct Authority Drives Changes to Buy Now, Pay Later Contract Terms

The UK Financial Conduct Authority (FCA) released a statement on February 14 confirming a series of changes to potentially unfair contract terms that had been agreed with four of the largest providers of Buy Now, Pay Later...more

Morgan Lewis - Tech & Sourcing

UK Auto-Renewal Consumer Subscription Terms Come Under Scrutiny

The UK government is considering responses to its proposed reforms to auto-subscription rules for consumer contracts, as part of a broader consultation on reforming UK competition and consumer policy....more

Hogan Lovells

Will Santa’s presents get through this Christmas?

Hogan Lovells on

With the UK preparing for its first post-Brexit Christmas, COVID-19 flaring up in Central Europe, and demand for products dramatically changed around the world, supply chain issues threatened to spoil holiday plans. Last...more

Morrison & Foerster LLP

Click Yes To Accept: Fairness And Transparency In Consumer Contracts In Europe

Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that...more

A&O Shearman

With exclusion clauses and unfair terms, the house doesn’t always win

A&O Shearman on

Exclusion clauses in consumer contracts must be adequately signposted, with their meaning and effect highlighted: Andrew Green v Petfre (t/a Betfred). In 2018, Andrew Green played a blackjack game on Betfred’s mobile app. ...more

Latham & Watkins LLP

CMA COVID-19 Taskforce to Investigate Unfair Cancellation and Refund Practices

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The CMA has launched a programme of work to investigate reports of businesses failing to respect cancellation rights during the COVID-19 pandemic. The CMA’s COVID-19 Taskforce Update on 24 April 2020 noted that its...more

Hogan Lovells

Brexit and contractual continuity

Hogan Lovells on

On 8 January 2019 the FCA published a consultation paper, CP19/2, which sets out details of the financial services contracts regime (FSCR) and the rules the FCA proposes should apply to firms during the regime....more

Hogan Lovells

FCA finalised guidance on fairness of variation terms in financial services consumer contracts: the devil's in the detail

Hogan Lovells on

The FCA published their finalised guidance on the fairness of variation terms in financial services consumer contracts under the Consumer Rights Act 2015 on 19 December 2018....more

Pillsbury Winthrop Shaw Pittman LLP

Brexit Board Briefing

The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and weighing the legal risks and...more

BCLP

Cloud storage providers to abide by new UK checklist

BCLP on

As cloud storage has widely spread, there have been growing concerns from the UK authorities about whether consumer rights are effectively protected. New guidelines for consumers and a new checklist for industry bring fresh...more

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