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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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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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