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07 June 2007 / Helen Hart
Issue: 7276 / Categories: Features , Commercial
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The end of sharp practice?

Helen Hart considers the impact of the Unfair Commercial Practices Directive

Traders could find their creativity stifled by the Unfair Commercial Practices Directive 2005/29/EC (the Directive). Is it simply creating more red tape or will it create a level playing field which will prove a benefit for businesses? A recent Times article (27 April 2007) suggested that theatres and promoters would fall foul of the Directive if they used selective quotes from reviews to sell tickets for performances. The view was expressed that if positive-sounding quotes from otherwise negative reviews were used out of context, they would be contrary to the Directive, which outlaws giving information which is likely to mislead the average consumer, even if such information is correct.

Another practice which could fall foul of the Directive is the practice of insurance companies advertising a 14-day money back guarantee if you find a cheaper price for similar insurance elsewhere, when insurance companies must offer a cancellation period. Consequently, selling this as a benefit with the implication that it is an addition

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Signature Litigation—Catherine Naylor

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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