The court was asked whether the regulations applied to a construction contract. Judges: Judge Moseley QC Citations: [2003] BLR 452 Statutes: Unfair Terms in Consumer Contracts 1992 Jurisdiction: England and Wales Cited by: Cited – Domsalla (T/A Domsalla Building Services) v Dyason TCC 4-May-2007 A consumer has no grounds for complaining about the construction adjudication … Continue reading Lovell Projects Ltd v Legg and Carver: 2003
The court considered the reaonableness of a contract clause which sought to exclude liability for misrepresentation: ‘The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear arguments that a term is or may be unreasonable (and so wholly void in relation … Continue reading Skipsredittforeningen v Emperor Navigation SA: 1997
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers. Held: Whether a party is a commercial agent within the meaning of the Directive or the Regulations is a straightforward matter, to be determined by reference … Continue reading Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 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
barclays_kufnerComC2008 The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish its charge. Held: The application succeeded. There was no duty … Continue reading Barclays Bank Plc v Kufner: ComC 10 Oct 2008
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