Oliver Kent – Duane Morris London

May 8, 2026May 8, 2026 by Oliver Kent

Our Own Rules: The UK Product Safety Consultation and the Risk of Regulatory Divergence from the EU

Product safety law is undergoing a significant overhaul on both sides of the Channel.

In the EU, the General Product Safety Regulation (EU) 2023/988 (“GPSR”) came into force on 13 December 2024, replacing the decades-old General Product Safety Directive 2001/95/EC and applying directly and uniformly across all 27 EU Member States.

In the UK, the Department for Business and Trade has recently published a consultation on an entirely new product safety framework. Whilst the Government is already using powers under the Product Regulation and Metrology Act 2025 to update technical legislation, the consultation makes clear that delivering the “significant step-change that will be felt by businesses and consumers alike” requires a fundamental reconsideration of the core safety framework.

For businesses selling into both markets, divergence means duplicated compliance, increased costs, and the risk that a product which satisfies the regulatory requirements of one jurisdiction may nonetheless be non-compliant in the other. Although the UK consultation acknowledges an intention to “support trade with the EU and globally,” it is equally clear that the new framework will be “our own rules, made in the best interests of UK consumers and businesses”.

April 15, 2026April 15, 2026 by Oliver Kent

Driving away drip pricing: How a £3 booking fee turned into a £5 million fine

Today, the Competition and Markets Authority (“CMA”) ordered the AA, which owns both AA Driving School and BSM Driving School, to refund more than 80,000 learner drivers over £760,000, and pay a fine of £4.2 million, bringing the total bill to nearly £5 million. The offence? A mandatory £3 booking fee that was not included in the headline price shown to customers at the start of their online journey.

This is the first financial penalty the CMA has imposed under new direct enforcement powers granted to it in the Digital Markets, Competition and Consumers Act 2024 (“DMCCA”). It will not be the last.

July 3, 2025July 3, 2025 by Oliver Kent

UK petition demanding video games consumer law change hits debate threshold

A UK government petition demanding changes to consumer law around the sale of video games has passed 100,000 signatures. This milestone triggers consideration for a debate in Parliament and throws the spotlight on a growing international issue.

The petition calls for a change in the law to prevent publishers from disabling or removing access to games after they have been sold, unless consumers are given the right to retain or repair them.

It is part of the wider Stop Killing Games campaign, a grassroots consumer movement gaining traction globally. Alongside the UK petition, a European Citizens’ Initiative has also surpassed the required one million signatures, meaning it will now be formally reviewed by the European Commission (subject to verification) and brought before the European Parliament for a public hearing.

April 17, 2023 by Oliver Kent

Arbitration: the Brexit get out of jail free card?

One of the most useful assets in the classic board game Monopoly is the famous get out of jail free card. A player who finds themselves in jail can utilize it to ‘free’ themselves, almost immediately, but more importantly without paying a monetary penalty.

But what has Monopoly got to do with Brexit or arbitration? Whilst the similarities may not be immediately obvious, for commercial agreements made after 11:00 pm on 31 December 2020, jurisdiction clauses that specify arbitration are in many ways a legal get out of jail free card.

Read the full post on the Duane Morris International Arbitration Blog.

March 28, 2023March 28, 2023 by Oliver Kent

EU agrees last minute e-fuels exemption to future ICE vehicles ban

By Oliver Kent

In a twist for EU leaders and Member States, it became apparent earlier this month that Germany was not going to approve a previously agreed deadline for the total phase-out of the sale of new vehicles with traditional internal combustion engines (ICEs).

Continue reading “EU agrees last minute e-fuels exemption to future ICE vehicles ban”

February 21, 2023February 21, 2023 by Oliver Kent

Jurisdictional challenges and arbitration clauses – that old chestnut! – The UK perspective

By Oliver Kent

Picture this. You are a Director at a substantial widget manufacturing company. One of your key materials suppliers, with whom you’ve had a relationship for many years, is causing you grief. There have been a number of complaints from customers in recent times about a decline in widget quality, which appear to be the fault of your supplier. However, you’re behind on your payments to the supplier and they are starting to threaten supply, with disastrous effects for the company. A dispute is brewing.

You have been involved with litigation before and have experience of court proceedings. However, when you check with your legal team about next steps, you learn that your agreement with the supplier contains a clause which appears to indicate that all disputes must be referred to arbitration. The clause is perhaps not drafted with the certainty it should and could have been, and it is not clear the extent to which it is enforceable. The issue usually is framed on the basis of whether there is a valid and enforceable agreement to refer disputes to arbitration.

There are also commercial considerations that may be relevant. Is it preferable to litigate in the domestic courts or arbitrate? This may be a commercial call, just as much as a legal one. This blog shares some of the practical considerations around these issues.
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June 20, 2022June 20, 2022 by Oliver Kent

All small claims are equal, but some small claims are more equal than others

By Oliver Kent and Sam Laycock

Disgruntled holidaymakers who have suffered delay at the hands of their airlines are among the potential claimants who may soon find that the familiar phrase, “I’ll see you in court”, doesn’t quite have the same impact it used to. Enter: the ‘Small Claims Paper Determination Pilot’ (“the Pilot”). Introduced under the 143rd Practice Direction Update as PD 51Z¹, this update applies to proceedings issued after 1 June 2022 and allows the Courts to determine the outcomes of matters allocated to the small claims track without a hearing (i.e. on paper) and ultimately, without reference to the parties concerned.²
Continue reading “All small claims are equal, but some small claims are more equal than others”

April 13, 2021 by Duane Morris London

Luck of the Law: Lessons to be Learned from Green v Petfre

They say that the house always wins, but as the recent case of Andrew Green -v- Petfre (Gibraltar) Limited t/a Betfred illustrates, even the house can get caught out sometimes.

When lucky punter Andrew Green won over £1.7m following a 5 ½ hour stint on Betfred’s ‘Frankie Dettori’s Magic Seven Blackjack’ game in January 2018, he was dismayed to find out a few days later that the company was refusing to pay out, claiming that there was a glitch in the game, and that the house rules stated that, in those circumstances, Betfred were not required to pay. Mr Green sued, and the matter eventually ended up in Court. Following a hearing on 15 October 2020, Mrs Justice Foster DBE granted Mr Green summary judgment and awarded him his winnings.

Continue reading “Luck of the Law: Lessons to be Learned from Green v Petfre”