ECJ Consumer protection – Contracts negotiated away from business premises Scope of Directive 85/577/EEC – Entry into a closed-end real property fund established in the form of a partnership – Cancellation.‘ . . art.5 (2) of the Directive provides that notification by the consumer of the renunciation of the effects of his undertaking has the … Continue reading E. Friz GmbH v Carsten von der Heyden (Environment And Consumers): ECJ 15 Apr 2010
The claimant’s car had been damaged by a lorry operated by the defendant. The claimant hired a replacement car under a credit hire agreement with AE, which he signed at his home when the replacement vehicle was delivered to him. The defendant’s insurers refused to pay AE’s charges under the 2008 Regulations, and AE therefore … Continue reading W v Veolia Environmental Services (UK) Plc: QBD 27 Jul 2011
The claimant had been knocked from his motor cyle by the defendant. He hired a replacement, but when he sought payment of the associated hire charges, the defendant said that the hire company had failed to comply with the 208 Regulations, and that since the claimant had no obligation to pay, he could not claim … Continue reading Salat v Barutis: CA 20 Nov 2013
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
Notice Absence did not Remove Right to Cancel The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at the defendant’s premises. The Court of … Continue reading Robertson v Swift: SC 9 Sep 2014
Appeal by Edmondson against an Order dismissing Edmondson’s claim against Haven in respect of Haven’s conduct in settling on an inclusive basis personal injury claims directly with six clients of Edmondson with whom Edmondson had concluded . .
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ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of consumer protection measures in the absence of provision of information nullity relative and absolute nullity of the contract – Recognition ex … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009
ECJ Consumer protection – Doorstep selling – Right of cancellation – Agreement to grant credit secured by charge on immovable property. Citations: [2004] CEC 202, C-481/99, [2001] ECR I-9945, [2001] EUECJ C-481/99, [2004] All ER (EC) 1, ECLI:EU:C:2001:684, [2003] 2 CMLR 42 Links: Bailii Cited by: Cited – Office of Fair Trading v Abbey National … Continue reading Heininger v Bayerische Hypo-und Vereinsbank AG: ECJ 13 Dec 2001
ECJ Directive 85/577/EEC Article 4 Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measuresThe court considered the significance of the recitals to the Directive: ‘In that regard, it should be noted that the Directive, … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 17 Dec 2009
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
Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980
