Search Results for: Council Directive 93/13

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Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

The OFT alleged that certain standard terms in the defendant’s letting agent contracts were unfair. The agent had withdrawn the former terms, but relief was still sought on those terms and their effect, and as to the fairness of the new ones. The terms had sought continued remuneration after any tenancy renewal even if they … Continue reading The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.The question of whether a domestic procedural provision … Continue reading Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

The claimant, a customer of the defendant had been charged sums when he went overdrawn beyond his limit. He claimed that the sums were unlawful penalties under the Regulations. The bank said that it had refunded the charges. The claimant sought exemplary and aggravated damages. Held: The claim should not proceed. The claimant had deliberately … Continue reading Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

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

Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed. Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the injuncion to contracts not already in existence. It should extend to existing contracts. The Regulations were … Continue reading Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

Director General of Fair Trading v First National Bank: HL 25 Oct 2001

The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001

Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009

The OFT had sought to enquire as to the fairness of the terms on which banks conducted their accounts with consumers, and in particular as to how they charged for unauthorised overdrafts. The banks denied that the OFT had jurisdiction, and now appealed against an order against them. Held: An assessment of the fairness of … Continue reading Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009

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

Peabody Trust v Reeve: ChD 2 Jun 2008

The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would … Continue reading Peabody Trust v Reeve: ChD 2 Jun 2008