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FCA Strategy for 2025 and Beyond

On 25 March 2025, the UK Financial Conduct Authority published a feedback statement (FS25/2) responding to its earlier call for input on reviewing FCA requirements following the introduction of the Consumer Duty in July 2024 (the Feedback Statement). On the same day, the FCA also published its high-level five-year strategy setting out its key strategic priorities until 2030 (the Strategy Document).

The UK’s tough new consumer regime: is your business ready for the 6 April start date?

6 April 2025 has now been confirmed as the "go live" date for most of the consumer law provisions of the Digital Markets, Competition and Consumers Act 2024 ("DMCCA"). These changes will give the UK one of the toughest enforcement regimes in the world, with the prospect of fines of up to 10% of global turnover on B2C businesses for infringing UK consumer law.

B2C online terms: another million pound mistake

Paddy Power's consumer terms and conditions failed to protect it against having to pay out over £1 million after an online game mistakenly indicated that a player had won a "Monster Jackpot".  We discuss what lessons can be drawn from this dispute and two previous cases involving similar claims for million pound wins.  We also look at the wider implications for B2C contracts, beyond the sphere of online games.

Asymmetry of information, "global claims" and "lead cases": the Court of Appeal's decision in the Alame v Shell group action

The Court of Appeal has handed down judgment in an appeal from various case management decisions in the long-running Alame & Ors v Shell plc & Anor [2024] EWCA Civ 1500 environmental group litigation ("Alame 3").  The decision emphasised the importance of parties' freedom to plead their case in a manner of their own choosing and the difficulties that can arise where claimants face an inequality of arms. The Court heard appeals from the first instance decisions in Alame & Ors v Shell plc & Anor [2023] EWHC 2961 ("Alame 1") and [2024] EWHC 510 ("Alame 2"). 

Re 36 Bourne Street Ltd, Brierley v Howe: A clear illustration of the test for unfair prejudice claims

Under section 994 of the Companies Act 2006 ("CA 2006"), a member of a company may apply to the court for relief by way of petition if they are or have been unfairly prejudiced as a result of an act or omission of the company or the way in which the company's affairs are being or have been conducted. A section 994 petition is the primary procedural tool that minority shareholders can use to seek relief if they are being unfairly prejudiced by the conduct of a majority shareholder or a group of shareholders who are acting as a majority.

The UK, the EU and the law of limitation

In Issue 8 of ThoughtLeaders4 Competition Magazine, Joseph Moore and Imogen Nolan discuss the Court of Appeal's decision in the Umbrella Interchange litigation regarding the law of limitation and its implications for competition claims in the UK post-Brexit.

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