The defendant appealed against its conviction on counts under the 2008 Regulations. Judges: Davis LJ, Nicol J, Kramer QC Citations: [2012] EWCA Crim 539 Links: Bailii Statutes: Consumer (Protection from Unfair Trading) Regulations 2008 Jurisdiction: England and Wales Crime, Consumer Updated: 05 October 2022; Ref: scu.452153
The appellants sought to challenge undertakings they had been required to as to the mode of conduct of prize draw competitions. The Regulations forbad misrepresentations that the addressee may already have won a prize. In particular they challenged the requirement that a participant should not be required to make any payment as a condition of … Continue reading Purely Creative Ltd and Others v The Office of Fair Trading: CA 29 Jul 2011
The OFT sought an order to restrain the defendants from continuing what it said were unfair commercial practices in the arrangements it made for prize draws. Held: Each of the promotions relied upon by the Office contravened the Regulations. The order was granted requiring the respondent not to: ‘create the false impression that the consumer … Continue reading Office of Fair Trading v Purely Creative Ltd and Others: ChD 2 Feb 2011
The OFT alleged that the defendant companies had been engaged in breaches of the Act and the Regulations in their practices in selling gym memberships. The defendant were selling and managing memberships for gyms. They advised as to the different contract models, recommending minimum terms for lower cost schemes, and on enforcement and collection methods, … Continue reading The Office of Fair Trading v Ashbourne Management Services Ltd and Others: ChD 27 May 2011
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 internet provider claimed damages against the defendant who it said had written to its clients making false assertions about the claimant. An earlier defamation claim had been struck out, but the claimant now alleged interference with its business by unlawful means. Held: While the allegations were novel the amendments were allowed. Eady J … Continue reading Tiscali UK Ltd v British Telecommunications Plc: QBD 16 Dec 2008
Appeal by way of case stated from a decision of the Justices for the area of South Cheshire, who decided that the appellant should be committed to the Crown Court to stand trial on two charges. It is said that the Justices erred in law in the manner in which they reached their decision to … Continue reading Price v Cheshire East Borough Council: Admn 11 Oct 2012
Judges: McCowan LJ Citations: (1994) 158 JP 835 Statutes: Consumer Protection from Unfair Trading Regulations 2008 Jurisdiction: England and Wales Cited by: Cited – X Ltd, Regina v CACD 23-May-2013 The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 … Continue reading Airtours plc v Shipley: CACD 1994
Judges: Moore-Bick LJ, Butterfield, Irwin JJ Citations: [2011] EWCA Crim 2651 Links: Bailii Statutes: Consumer Protection from Unfair Trading Regulations 2008 Jurisdiction: England and Wales Cited by: Cited – Hamilton and Others v Post Office Ltd CACD 15-Jan-2021 Good Reason to Pursue Second Appeal The appellants had been convicted of fraud against the Post Office. … Continue reading Regina v Mears and Another: CACD 10 Nov 2011
Judges: Marsh CM Citations: [2019] EWHC 2517 (Ch) Links: Bailii Statutes: Consumer Protection from Unfair Trading Regulations 2008, Financial Services and Markets Act 2000, Consumer Credit Act 1974 Jurisdiction: England and Wales Contract, Consumer Updated: 31 August 2022; Ref: scu.642627
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
Judges: Lord Justice Coulson Mrs Justice Mcgowan DBE Mr Justice Bourne Citations: [2022] EWCA Crim 804 Links: Bailii Statutes: Consumer Protection from Unfair Trading Regulations 2008 8(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 10 July 2022; Ref: scu.678723
Proper interpretation of the 2008 Regulations in the context of a test purchase of goods or services. Held: ‘a commercial practice for the purposes of article 2(d) of the Directive (and thus regulation 2(1) of the 2008 Regulations) may be constituted by or derived from a test purchase made of a product (including a service) … Continue reading Warwickshire County Council v Halfords Autocentres Ltd: Admn 9 Nov 2018
(Crown Court at Snaresbrook) The court acceded to the submission on trying a charge under the 2008 Regulations, that there was no case to answer in the context of a contract for building services with a consumer on the basis that such a contract did not fall within the definition of ‘commercial practice’ within the … Continue reading Regina (London Borough of Tower Hamlets) v Christopher Steele: 2012
The Council appealed against dismissal of its prosecution of the defendant for alleged breach of the Regulations on the Magistrates finding that he was not a trader within the Regulations. Cranston J [2015] EWHC 3212 (Admin) Bailii Consumer Protection from Unfair Trading Regulations 2008 Consumer, Crime Updated: 08 January 2022; Ref: scu.557132
Fulford LJ, Holroyde, Lakin JJ [2014] EWCA Crim 621 Bailii Consumer Protection from Unfair Trading Regulations 2008 England and Wales Criminal Sentencing Updated: 02 December 2021; Ref: scu.523446
[2021] EWCA Civ 1479 Bailii Consumer Protection from Unfair Trading Regulations 2008 England and Wales Consumer, Contempt of Court Updated: 22 November 2021; Ref: scu.668615
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he had no understanding of the existence of the system. The … Continue reading X Ltd, Regina v: CACD 23 May 2013
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
ECJ Failure by a Member State to fulfil its obligations – Directive 93/13/EEC – Unfair terms in consumer contracts – Incomplete transposition of the directive into national law. As to the applicable principles in . .
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