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Weekly roundup of HMRC import, export and customs guidance—3 March 2025

Details of updates to HMRC import, export and customs guidance for the period from 25 February to 3 March 2025.

Retention of title clauses, section 49(2) SGA 1979 and contractual estoppel in guarantee claims (CE Energy v Bashar & another)

Commercial analysis: This is an important decision as to a seller’s ability to claim in debt for the price of unpaid goods notwithstanding a retention of title provision in the contract of sale. The judgment contains a useful analysis as to the requirement, in section 49(2) of the Sale of Goods Act 1979 (SGA 1979), for a price to be payable on ‘a day certain irrespective of delivery’, confirming that a wide interpretation should be adopted. The case also contains guidance as to construing guarantees and the operation and effect of the doctrine of contractual estoppel. Written by Nicola Allsop, barrister at Quadrant Chambers.

Commercial weekly highlights—27 February 2025

This week's edition of Commercial weekly highlights includes: analysis of the provisions of the Procurement Act 2023 that came into force on 24 February 2025, news that the Committees of Advertising Practice have launched a further consultation on implementing new restrictions on advertising 'less healthy' food and drink products to children, and news that the Department for Business and Trade has updated its guidance on countering Russian sanctions evasion.

ASA highlights rulings on Dark Patterns under the UK advertising code

The Advertising Standards Authority (ASA) has published a blog post discussing how it has addressed 'Dark Patterns' in past rulings under the CAP Code. The post examines key concerns related to choice structure, choice pressure, and choice information presentation, highlighting cases where misleading design decisions in third-party reward programmes and subscription services breached the Code. While features like countdown timers and scarcity indicators are not inherently problematic, advertisers must ensure claims are genuine, verifiable, and not used to manipulate consumer behaviour.