Search Results for: Consumer Protection Act 1987 2

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Bailey and Others v Glaxosmithkline (UK) Ltd: CA 8 Nov 2019

Action for damages for personal injury brought by the appellant Claimants in which it is alleged that Seroxat, a prescription-only antidepressant and one of a class of Selective Serotonin Re-Uptake Inhibitors or SSRIs, is defective within the meaning of the Consumer Protection Act 1987 Citations: [2019] EWCA Civ 1924 Links: Bailii Statutes: Consumer Protection Act … Continue reading Bailey and Others v Glaxosmithkline (UK) Ltd: CA 8 Nov 2019

IDE v ATB Sales Ltd: QBD 17 Jul 2007

The claimant was injured when he fell from his bicycle. The handlebar was broken. And the parties disputed whether the break was the cause or result of the fall. The handlebar was of an ultra light kind, which the manufacturer recommended was to be checked regularly and changed as necessary. Held: ‘the conclusion to be … Continue reading IDE v ATB Sales Ltd: QBD 17 Jul 2007

Robertson v Swift: CA 15 Jan 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

Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999

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

Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008

The claimant sought damages from an electrical engineers after their house burned down. They said that wiring supplying electric to the house was faulty and had caused the fire. Five boisterous bullocks had bumped into a pole supporting the wire, and the fire broke out. The arrangements to support the cable had been reduced by … Continue reading Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008

Ide v ATB Sales Ltd and Another: CA 28 Apr 2008

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

O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

The claimant sought damages under the 1967 Act asserting injury from a drug sold by the defendant. Proceedings had been mistakenly commenced against Aventis Pasteur MSD Ltd within the limitation period, but outside the limitation period, it was sought to substitute the actual manufacturer Aventis Pasteur SA. Held: The substitution should be made. The sole … Continue reading O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

Bailey and Others v Glaxosmithkline (UK) Ltd: QBD 14 Feb 2019

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

Tesco Stores Ltd and Another v P (A Minor) and Another: CA 12 Apr 2006

The claimant, a 13 month old boy, had by mistake drunk from a bottle of dishwasher powder sold and manufactured by the various defendants. The bottle had a child resistant closure. The court considered how much force the boy would have been able to apply, and how much was needed. Held: The question was whether … Continue reading Tesco Stores Ltd and Another v P (A Minor) and Another: CA 12 Apr 2006

Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar: CA 11 Feb 2005

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

Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

Commission v United Kingdom (Judgment): ECJ 29 May 1997

The UK provision in the 1987 Act did not conflict with the EC Directive on liability for defective products; there was an overriding provision as to interpretation. Europa Approximation of laws – Liability for defective products – Directive 85/374 – Defence to liability – Condition – State of scientific and technical knowledge not such as … Continue reading Commission v United Kingdom (Judgment): ECJ 29 May 1997

Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001

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

Iman Abouzaid v Mothercare (Uk) Ltd: CA 21 Dec 2000

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

Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002

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

Regina v The Department of Trade and Industry, ex parte Alba Radio Limited, Pifco Limted: Admn 30 Nov 2000

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

Regina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited: Admn 4 Apr 2000

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

DSG Retail Ltd v Oxfordshire County Council: QBD 23 Mar 2001

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

Link Stores Ltd v Harrow London Borough Council: QBD 18 Feb 2001

The intention of the section was to catch those traders who sought to change the price of goods after a customer had been persuaded to enter into a purchase. Where a shop made a promise to refund the difference between the price offered and the price of similar goods available elsewhere, but failed to meet … Continue reading Link Stores Ltd v Harrow London Borough Council: QBD 18 Feb 2001

Thomson Tour Operations Ltd v Birch: QBD 24 Feb 1999

A price indication which was correct at the time it was made, but which only subsequently became misleading did not constitute an offence under the Act. A discount offered to late bookers gave no rise to expectation that those who had booked already would get the same discount. Citations: Times 24-Feb-1999 Statutes: Consumer Protection Act … Continue reading Thomson Tour Operations Ltd v Birch: QBD 24 Feb 1999

Brighton and Hove City Council v Woolworths Plc: Admn 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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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

A and Others v National Blood Authority and Another: QBD 26 Mar 2001

Liability under the Act for a defective product was established where the defect was known, even though the current state of knowledge did not make it possible to identify which of the products was affected. The Act was to be construed to be consistent with the Directive. If the level of safety was below the … Continue reading A and Others v National Blood Authority and Another: QBD 26 Mar 2001

Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017

The claimant was riding a motorcycle constructed by the appellant. The front brakes seized, and he was badly injured. KTM now challenged a finding that the galvanic corrosion which led to the seizure was a fault within the 1987 Act. Held: The appeal failed. The recorder had identified the relevant issues and the evidence before … Continue reading Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017

Wilkes v Depuy International Ltd: QBD 6 Dec 2016

The claimant suffered injury after his artificial left hip, supplied by the defendants, fractured. Judges: Hickinbottom J Citations: [2016] EWHC 3096 (QB) Links: Bailii Statutes: Consumer Protection Act 1987 3, EC Council Directive 93/42/EEC, Medical Devices Regulations 2002 Jurisdiction: England and Wales Professional Negligence, Personal Injury, Consumer Updated: 28 January 2022; Ref: scu.573398

Howmet Ltd v Economy Devices Ltd and Others: CA 31 Aug 2016

Appeal by the owners of a factory which suffered fire damage against a judgment dismissing their action. The owners claimed damages against the manufacturers of a device which, they said, should have prevented the fire from occurring. This takes us back to the basic principles of the law of tort and in particular to Donoghue … Continue reading Howmet Ltd v Economy Devices Ltd and Others: CA 31 Aug 2016

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

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

Love v Halfords Ltd: QBD 8 Apr 2014

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

British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011

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

Plevin v Paragon Personal Finance Ltd: SC 12 Nov 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

OB v Aventis Pasteur SA: HL 11 Jun 2008

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

CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988

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

Aventis Pasteur v O’Byrne (Environment And Consumers): ECJ 2 Dec 2009

Europa Directive 85/374/EEC – Liability for defective products Articles 3 and 11 Mistake in the classification of ‘producer’ Judicial proceedings – Application for substitution of the producer for the original defendant Expiry of the limitation period.(Grand Chamber of the Court of Justice) The claimant sought damages after consuming a defective medicine supplied by the company. … Continue reading Aventis Pasteur v O’Byrne (Environment And Consumers): ECJ 2 Dec 2009

O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 years. The claimant had then to choose another company (APSA) as defendant. On a … Continue reading O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

Symbian Ltd v Comptroller General of Patents: CA 8 Oct 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

London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004

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

Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

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

Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004

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

Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987

No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information … Continue reading Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

Toys’R’Us v Gloucestershire County Council: QBD 14 Feb 1994

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 Fanti and The Padre Island: CA 1989

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

Worsley v Tambrands Ltd: CA 3 Dec 1999

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

Regina v Secretary of State for Health, ex parte United States Tobacco International Inc: CA 1991

The applicant company produced oral snuff. It had opened a factory in the United Kingdom after the Government, on advice, had negotiated an agreement with it to restrict the marketing of the product. The committee, basing itself not on new evidence but on a changed evaluation of the existing evidence, subsequently advised the Secretary of … Continue reading Regina v Secretary of State for Health, ex parte United States Tobacco International Inc: CA 1991