Consumers

CJEU holds that mandatory mediation is not inherently precluded by EU law

The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework, provided that the parties are not prevented from exercising their rights of access to … Continue reading

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Filed under Consumers, Mediation (General), Refusal to mediate

Advocate General Opinion on the Consumer ADR Directive and compulsory mediation

In a case referred to the Court of Justice of the European Union (CJEU) by the Italian courts, an Advocate General opinion has been issued which considers the scope of the Consumer ADR Directive, including whether it precludes national legislation from imposing mandatory mediation … Continue reading

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Filed under Consumers, Mediation Directive, Refusal to mediate

The EU Online Dispute Resolution (ODR) Platform – an update on timing

It has been confirmed that online businesses will have an extended timeframe in which to comply with new obligations to signpost customers to the Online Dispute Resolution (ODR) Platform being set up by the EU Commission. As we have previously reported, the EU … Continue reading

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Filed under ADR institutions, Consumers, Government proposals and consultations, Online dispute resolution (ODR)

New ADR consumer information obligations apply from today

From today, almost all UK businesses selling goods or services to consumers in the EU need to comply with new requirements to provide consumers with information about ADR options, under legislation implementing the new EU ADR Directive. The new rules include obligations (in … Continue reading

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Filed under Consumers, UK

ADR for consumer disputes: New obligations on UK traders from 1 October 2015

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of ADR to resolve consumer disputes across the EU. … Continue reading

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Filed under ADR, Consumers, Online dispute resolution (ODR)

UK Government announces plans for implementation of the EU ADR Directive and ODR Regulation

The UK Government has announced its plans for implementing the ADR Directive and the ODR Regulation, both of which are aimed at promoting the use of ADR schemes in disputes involving consumer complaints throughout the EU. While the Government is not at this stage … Continue reading

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Filed under ADR, ADR institutions, Consumers, Europe, Government proposals and consultations, Online dispute resolution (ODR), UK

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had already been offered full redress under a formal ADR scheme established in relation to … Continue reading

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Filed under Consumers, Costs, Financial Services, Refusal to mediate, UK

EU: ADR Directive and ODR Regulation to enter into force

We have previously reported on EU legislative proposals for a directive on ADR in consumer disputes and a supporting regulation on online dispute resolution (ODR). On 18 June 2013, the  ADR Directive  (Directive 2013/11/EU) and the ODR Regulation (Regulation (EU) 524/2013) were published in the Official … Continue reading

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Filed under ADR institutions, Consumers, Europe, Online dispute resolution (ODR)

Improving consumer protection on a European level

Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute Resolution (ADR Directive) and a Regulation on Online Dispute Resolution (ODR Regulation). Anita Phillips, a professional support lawyer in our London office,  … Continue reading

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Filed under ADR, ADR institutions, Consumers, Europe, Online dispute resolution (ODR), UK

ADR central to UK Government’s far-reaching reform of competition law class actions

The Government yesterday published its plans for reforming the UK regime for competition law private actions, following a detailed consultation exercise carried out last year. The wide-ranging reforms controversially include the creation of an opt-out collective action for competition law … Continue reading

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Filed under ADR, Consumers, Government proposals and consultations, Mediation (General)