Action for damages for personal injury, brought by a number of Claimants, in which it is alleged that Seroxat (the UK brand name for Paroxetine, a prescription only antidepressant and anxiolytic) is defective within the meaning of the Consumer Protection Act 1987. Judges: Lambert J Citations: [2019] EWHC 337 (QB) Links: Bailii Jurisdiction: England and … Continue reading Bailey and Others v Glaxosmithkline (UK) Ltd: QBD 14 Feb 2019
The claimant sought damages after a fridge freezer made by the defendant was said to have caught fire damaging his flat. [2014] EWHC 2956 (TCC) Bailii Consumer Protection Act 1987 2 England and Wales Consumer Updated: 22 December 2021; Ref: scu.537340
The claimant had purchased a new bicycle from the defendants who also maintained it. Several months later, the steerer tube broke causing an accident and severe injury. The cycle had been finally assembled by the defendant after importation, but that element was already put together. Held: The claim failed. The expert evidence had been difficult, … Continue reading Love v Halfords Ltd: QBD 8 Apr 2014
PPI Sale – No Recovery from Remote Parties The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. She said that the commission disclosure by the defendants … Continue reading Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014
It was necessary to show that the goods not were available at the price shown for the offence to occur. The misleading price offence was not committed when the goods sold at lower cost than displayed. Ind Summary 14-Feb-1994, Times 14-Feb-1994 Consumer Protection Act 1987 20 England and Wales Crime, Consumer Updated: 02 November 2021; … Continue reading Toys’R’Us v Gloucestershire County Council: QBD 14 Feb 1994
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
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The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area. Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of … Continue reading Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002
Prosecutor’s appeal by case stated from dismissal of allegation of offences relating to the sale of micro scooters subject to a suspension notice. Citations: [2002] EWHC 2565 (Admin), (2003) 167 JP 21 Links: Bailii Statutes: Toy (Safety) Regulations 1995, Consumer Protection Act 1987 14 Jurisdiction: England and Wales Consumer, Crime Updated: 05 May 2022; Ref: … Continue reading Brighton and Hove City Council v Woolworths Plc: Admn 11 Nov 2002
The claimant removal company sought payment of its fees after the defendant purported to cancel the arrangement for moving his goods. The defendant now appealed against rejection of his claim that the the contract was cancellable within the 2008 Regulations. The district judge said that the Regulations applied to a contract made only on one … Continue reading Robertson v Swift: CA 15 Jan 2013
The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a ‘suspension notice’ prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council … Continue reading Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst unattended. The appellants each said that the respective judges had made the mistake of logic identified … Continue reading Ide v ATB Sales Ltd and Another: CA 28 Apr 2008
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company for ultimate net loss, and then had re-insurance with Centre Reinsurance. Ultimate net loss meant all sums paid out less … Continue reading Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar: CA 11 Feb 2005
Citations: [2019] EWHC 429 (QB) Links: Bailii Statutes: Consumer Protection Act 1987 Jurisdiction: England and Wales Personal Injury, Consumer Updated: 14 June 2022; Ref: scu.634337
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001
The defendant appealed a finding of liability under the Act. The plaintiff had hurt his eye assisting with a pushchair sold by the defendant. An elastic strap had rebounded into his eye. It was argued that the English Act went wider than the Directive in implementing it. Was the strap a defect within the Act? … Continue reading Iman Abouzaid v Mothercare (Uk) Ltd: CA 21 Dec 2000
Citations: [1989] 1 Lloyds Rep 239 Jurisdiction: England and Wales Citing: Appeal from – Firma CF-Trade SA v Newcastle Protection and Indemnity Association (the ‘Fanti’) QBD 1987 The court considered the effect of section 1(3) on a ‘pay to be paid’ clause in a re-insurance contract. Held: If, as a matter of construction of the … Continue reading The Fanti and The Padre Island: CA 1989
The claimants sought to challenge regulations putting into effect the directive. Judges: Nigel Pleming QC Citations: [2000] EWHC Admin 423 Links: Bailii Statutes: Electrical Equipment (Safety) Regulations 1994, Consumer Protection Act 1987, Council Directive 73/23/EEC, European Communities Act 1972 2(2) Judicial Review, European Updated: 29 May 2022; Ref: scu.140239
A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: ‘The total amount payable under the contract which can … Continue reading Regina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited: Admn 4 Apr 2000
The claimant sought damages following injury after the use of tampons. The matters were all defended. The judge, in an attempt to restrict the costs, agreed to hear a preliminary issue as to the adequacy of the warnings given. Held: Such decisions should only be interfered with where clearly wrong, but in this case, the … Continue reading Worsley v Tambrands Ltd: CA 3 Dec 1999
A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to … Continue reading DSG Retail Ltd v Oxfordshire County Council: QBD 23 Mar 2001
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011
The claimant had been vaccinated with a HIB vaccine. He was severely injured and it was said that the vaccine was the cause, and a claim made under the 1987 Act. Originally the claim was made against a UK company, but it should have been against that company’s parent company. When the correct company was … Continue reading OB v Aventis Pasteur SA: HL 11 Jun 2008
No Pattern Established to Patent Computer Systems The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was taking a different approach to the … Continue reading Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
