On 10 September 2020, the European Court of Justice gave judgment in A (Sous-location d’un logement social) (Case C-738/19) EU:C:2020:687. The issue before the ECJ was whether the Court must, under the Unfair Contract Terms Directive, consider only the unfairness of clauses relating to those challenged by the consumer, or the cumulative effect of all terms. In a perhaps unsurprising decision, the ECJ decided the Court’s duty is to consider the cumulative effect of all terms.
Financial Services Regulatory Initiatives Forum publishes new Regulatory Initiatives Grid
On 18 September 2020, the Financial Services Regulatory Initiatives Forum issued the second edition of the Regulatory Initiatives Grid. This Grid provides a very useful summary of the key activities of all of the main UK regulators. The FCA published a press release and a copy of the Grid.
Butterworths Financial Regulation Service – updated commentary on CONC, and new commentary on MCOB, published
Issue 112 of Butterworths Financial Regulation Service has now been published. I’ve written a new chapter on CONC 6, and reviewed and revised the existing chapters on CONC (including adding the latest COVID-19 guidance published by the Financial Conduct Authority).
I’m also delighted to have published brand new commentary on MCOB. There will be further new chapters over the coming issues but this issue has:
– an introductory chapter setting the scene on mortgage regulation;
– commentary on MCOB 1, 10, 10A, 12 and 13.
HM Treasury publishes revised draft statutory instrument: the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
Earlier today, on 10 September 2020, HM Treasury published a revised statutory instrument: the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. This replaces the draft published on 15 July 2020.
You can view the draft revised statutory instrument by clicking here, and view the explanatory memorandum by clicking here and the impact assessment by clicking here.
Issue 63 of Goode: Consumer Credit Law and Practice published with new chapter on ancillary credit business and credit reporting
Issue 63 of Goode: Consumer Credit Law and Practice has now been published. This includes a new chapter 48, written by me, on ancillary credit business and credit reporting. It was rather humbling when Professor Sir Roy Goode QC invited me to join the editorial team a few years ago and it’s great to see my first chapter being published.
I’ve also written four new case reports: these appear in Goode: Consumer Credit Reports.