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The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.
What distinguishes a 'normal' false trade description, ie one caught by TDA 1968, s 3(1) as being false to a material degree, from one which, though not false is caught by TDA 1968, s 3(2), has been judicially explained in the following terms. The distinction may be between an indication which tells a lie about itself and one which, whilst accurate on its face, misleads by its associations in the mind of the consumer.
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Issuing high yield bonds—documents list The documents listed below provide an overview of the core transaction documents typically used to document a high yield bond issuance. The description for each provides an explanation of the document's purpose and the parties which typically enter into them. Additional documents may be required to deal with aspects of a specific transaction (such as escrow arrangements) or to reflect bespoke arrangements. Document Description 144A Global Note A single note signed by the issuer which represents the entire amount of debt in relation to the Rule 144A issuance.Section 5 of the US Securities Act 1933 requires all offers and sales of securities in the US to be registered with the Securities and Exchange Commission (SEC) unless an exemption applies. Rule 144A is a safe harbour exemption from the section 5 requirement and it enables the initial purchasers of the bonds (see Purchase Agreement below) to resell the bonds to 'qualified institutional buyers', institutional investors who meet certain criteria.For more information on Rule 144A,...
Influencer risk assessment—checklist Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices....
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ARCHIVED: This Practice Note has been archived and is not maintained.From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on misleading actions under DMCCA 2024, see Practice Note: Misleading actions under the Digital Markets, Competition and Consumers Act 2024.Misleading actionsAn action can be misleading in relation to a commercial practice under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, in two different ways. The first way under CPUTR 2008, SI 2008/1277, reg 5(2) is if it:•contains false information and is therefore untruthful in relation to any of the matters set out in regulation 5(4) or if its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is...
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008)—in particular the unfair commercial practices of misleading actions, misleading omissions, aggressive practices and banned practices, and it considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. This Practice Note also briefly considers the criminal offences created by the CPUTR 2008, enforcement and the private right of redress.The DMCCA 2024In July 2021, BEIS, now the Department for Business and Trade, launched a consultation on reforming competition policy, consumer rights and consumer law enforcement. Key proposals in the consultation included:•updating consumer rights by tackling subscription traps, preventing online exploitation of customers through fake reviews, and creating better prepayment protections•reforming the enforcement of consumer law by giving stronger powers to enforcers—including financial penalties, supporting customers and traders to resolve disputes independently, tackling...
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Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...
Facility letter (term loan): single company borrower—bilateral—unsecured [TO BE PRINTED ON THE HEADED PAPER OF THE LENDER] [insert name and address of borrower] [insert date] Dear [insert full name of borrower] We offer to place at your disposal a Sterling loan facility in the aggregate principal amount of £[insert amount in figures] ([insert amount in words] Sterling) [for the purpose of [insert details]] on the following terms and conditions: 1 Definitions 1.1 In this letter, unless otherwise provided: Base Rate • means the base rate of [the Lender OR [insert name of Bank]] for the time being and from time to time; Borrower • means [insert name of company], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment Expiry Date • means the earlier of the date falling [insert number]...
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Dispute Resolution analysis: In Okuashvili v JSC Tbilisi Tobacco, the High Court heard a complex jurisdictional challenge in respect of two separate sets of proceedings brought against various individuals and companies located in or with a nexus to Georgia. The judgment, which resulted in the court ultimately declining jurisdiction over almost all of the claims against all but one defendant, provides a helpful summary of the law applicable to the granting of permission to serve out of the jurisdiction under CPR 6.36 and CPR 6.37. It also serves as a timely reminder to practitioners of the importance of compliance with the duty of full and frank disclosure which arises in the context of without notice applications such as an application for permission to serve a claim out of the jurisdiction, and of the factors the court will take into consideration when determining whether or not there has been valid service out of the jurisdiction. Written by Emily Lodge, senior associate at Quinn Emanuel Urquhart & Sullivan UK LLP.
Three complaints were received by the Advertising Standards Authority (ASA) regarding FX Compared Ltd t/a FXcompared. The complaints were about misleading advertising claims related to savings, commercial intent, and the representation of money transfer providers as the 'best' and 'top providers.' The ASA upheld the complaints.
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