Penal procedure against D, G: ECJ 10 Jul 2014

ECJ Medicinal products for human use – Directive 2001/83/EC – Scope – Interpretation of the concept of ‘medicinal product’ – Scope of the criterion based on the capacity to modify physiological functions – Herb and cannabinoid-based products – Not included

[2014] EUECJ C-358/13, [2014] PTSR 1217, [2014] WLR(D) 305, ECLI:EU:C:2014:2060
Bailii, WLRD
European
Citing:
OpinionPenal procedure against D, G ECJ 12-Jun-2014
(Advocate General’s Opinion) Medicinal products for human use – Directive 2001/83 / EC – Scope – Interpretation of the concept of’ medicinal product by function ‘- Scope of the criterion relating to the ability to modify physiological functions – . .

Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 27 January 2022; Ref: scu.572698

Gutierrez Naranjo v Cajasur Banco SAU and similar: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13 / EEC – Contracts with consumers – Mortgages – Unfair terms – Article 4 (2) – Article 6 (1) – Declaration of invalidity – Limitation by national courts of The declaration of nullity of an abusive clause

C-154/15, [2016] EUECJ C-154/15
Bailii
European

Consumer, Banking

Updated: 27 January 2022; Ref: scu.572584

Biuro Podrozy v Prezes Urzedu Ochrony Konkurencji i Konsumentow: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13 / EEC – Directive 2009/22 / EC – Consumer protection – Effect erga omnes of unfair terms in a public register – Pecuniary penalty imposed on a professional who has used a clause considered equivalent to that in the audit Register – Professional not participating in the procedure leading up to the finding of the unfairness of a clause – Article 47 of the Charter of Fundamental Rights of the European Union – Concept of ‘national court whose decisions are not susceptible Of a judicial remedy under national law

C-119/15, [2016] EUECJ C-119/15
Bailii
European

Consumer

Updated: 27 January 2022; Ref: scu.572567

Verein Fur Konsumenteninformation v INKO, Inkasso GmbH: ECJ 8 Dec 2016

(Judgment) Reference for a preliminary ruling – Directive 2008/48/EC – Consumer protection – Consumer credit – Article 2(2)(j) – Rescheduling agreements – Deferred payment, free of charge – Article 3(f) – Credit intermediaries – Debt recovery companies acting on behalf of lenders

ECLI:EU:C:2016:934, [2016] EUECJ C-127/15
Bailii
Directive 2008/48/EC
European

Consumer

Updated: 27 January 2022; Ref: scu.572328

Nelsons GmbH v Ayonnax Nutripharm GmbH: ECJ 23 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Consumer information and protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Transitional measures – Article 28(2) – Products bearing trade marks or brand names existing before 1 January 2005 – ‘Bach flower’ remedies – European Union mark RESCUE – Products marketed as medicinal products before January 2005 and as foodstuffs after that date

ECLI:EU:C:2016:888, [2016] EUECJ C-177/15
Bailii
Regulation (EC) No 1924/2006
European

Consumer

Updated: 26 January 2022; Ref: scu.571880

Home Credit Slovakia: ECJ 9 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2008/48/EC – Consumer protection – Consumer credit – Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 – Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ – Contract referring to another document – Requirement for the agreement to be in ‘written form’ within the meaning of national law – Indication of information required by reference to objective criteria – Information to be included in a fixed-term credit agreement – Effect of failure to include mandatory information – Proportionality

C-42/15, [2016] EUECJ C-42/15
Bailii
Directive 2008/48/EC
European

Consumer

Updated: 25 January 2022; Ref: scu.571276

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 6 Dec 2011

ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 3(1) in combination with points 1(j) and 2(d) of the annex – Articles 6 and 7 – Unfair terms in consumer contracts – Contract term that entitles the seller or supplier to amend contractual provisions unilaterally without a valid reason and without explicitly describing the method by which prices vary – Unfair nature of the term – Legal effects of a finding that a term is unfair as a result of an action in the public interest – Actio popularis – Erga omnes effect of national findings of unfairness

Trstenjak AG
[2011] EUECJ C-472/10
Bailii
European
Cited by:
OpinionNemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt ECJ 26-Apr-2012
ECJ Directive 93/13/EEC – Article 3(1) and (3) – Articles 6 and 7 – Consumer contracts – Unfair terms – Unilateral amendment of the terms of a contract by a seller or supplier – Action for an injunction brought . .

Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 24 January 2022; Ref: scu.570505

Breitsamer Und Ulrich and Co KG v Landeshauptstadt Munchen: ECJ 22 Sep 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2000/13/EC – Labelling and presentation of foodstuffs – Article 1(3)(b) – Concept of ‘pre-packaged foodstuff’ – Article 2 – Consumer information and protection – Article 3(1)(8) – Place of origin or provenance of a foodstuff – Article 13(1) – Labelling of a prepackaged foodstuff – Article 13(4) – Packaging or containers the largest surface of which has an area of less than 10 cm2 – Directive 2001/110/EC – Article 2(4) – Indication of the country or countries of origin of honey – Individual portions of honey packaged in cartons supplied to mass caterers – Individual portions sold separately or supplied to ultimate consumers as part of meals for an all-inclusive price – Indication of the country or countries of origin of that honey

ECLI:EU:C:2016:718, [2016] EUECJ C-113/15
Bailii
Directive 2000/13/EC
European

Consumer, Agriculture

Updated: 23 January 2022; Ref: scu.569496

Deroo-Blanquart v Sony Europe Ltd: ECJ 7 Sep 2016

ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Articles 5 and 7 – Combined offer – Sale of a computer equipped with pre-installed software – Material information relating to the price – Misleading omission – Consumer unable to obtain the same model of computer not equipped with software

D Svaby, P
C-310/15, [2016] EUECJ C-310/15
Bailii
Directive 2005/29/EC

European, Consumer

Updated: 22 January 2022; Ref: scu.569043

Hodgson v Creation Consumer Finance: ComC 22 Dec 2021

The Claimant sought relief under sections 75 and/or 56 of the Consumer Credit Act 1974 for the alleged misrepresentation of a supplier in selling solar panels to the Claimant. The alleged representation related to the performance of the panels. The Defendant funded the purchase by a debtor-creditor-supplier agreement within the meaning of section 12 of the 1974 Act and hence had a statutory liability for losses caused by any misrepresentation by the supplier.

His Honour Judge Pearce

Sitting as a Judge of the High Court
[2021] EWHC 3515 (Comm)
Bailii
England and Wales

Consumer, Banking, Litigation Practice

Updated: 21 January 2022; Ref: scu.671027

Tomasova v Slovenska republika – Ministerstvo spravodlivosti SR: ECJ 28 Jul 2016

ECJ Judgment – Preliminary ruling – Consumer protection – Directive 93/13 / EEC – Unfair terms in contracts concluded with consumers – Credit contract containing an unfair term – Enforcement of an arbitration award made under this clause – Responsibility a member State for damage caused to individuals by violations of the right of Union attributable to a national court – Conditions of engagement – Existence of a sufficiently serious breach of EU law

ECLI:EU:C:2016:602, [2016] EUECJ C-168/15
Bailii
European

Consumer

Updated: 20 January 2022; Ref: scu.567792

Verein Fur Konsumenteninformation v Amazon EU Sarl: ECJ 28 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Consumer protection – Directive 93/13/EEC – Data protection – Directive 95/46/EC – Online sales contracts concluded with consumers resident in other Member States – Unfair terms – General terms and conditions containing a choice-of-law term applying the law of the Member State in which the company is established – Determination of the applicable law for assessing the unfairness of terms in those general terms and conditions in an action for an injunction – Determination of the law governing the processing of personal data of consumers

C-191/15, [2016] EUECJ C-191/15
Bailii
Regulations (EC) No 864/2007, Directive 93/13/EEC
European

Consumer

Updated: 20 January 2022; Ref: scu.567795

Royscott Trust v Burno Daken Ltd and David Ball: QBD 9 Jul 1993

R let a vehicle on hire purchase terms to one E(SS), who passed it to BD in breach of his obligations under the hire purchase agreement. E(SS) drew up an ‘invoice’ stating the value of the car to be a certain sum, X. At the time, E(SS) owed BD substantially more than X for goods supplied. E(SS) had been unable to discharge that debt, and BD therefore took the vehicle in part satisfaction of the debt.
Held: The Judge considered whether the transaction amounted to a ‘disposition’ within section 29. He said this: ‘it appears to me that the consideration for this transaction was not money, albeit a document called an ‘Invoice’ was produced and the value of the vehicle agreed. Rather the consideration was a forbearance to sue for that part of the outstanding debt represented by the vehicle’s value. It was not ‘an exchange for property for money’ and not, therefore, a disposition as defined by section 29 sub-section 1 of the Hire-Purchase Act 1964′.

Astill J
Unreported, July 9th 1993
Hire-Purchase Act 1964 29(1)
England and Wales
Cited by:
CitedVFS Financial Services Ltd v JF Plant Tyres Ltd QBD 26-Feb-2013
The defendant had acquired a vehicle in lieu of payment of a debt. The vehicle was subject to an HP agreement with the claimant, who now sought possession of it. The defendant argued that it had the protection of section 27, there having been a . .

Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 20 January 2022; Ref: scu.519967

Nutria v Commission: ECFI 21 Jul 2016

ECJ (Judgment) Non-contractual liability – Refusal to extend the deadline for removal of the skimmed milk powder in the food distribution program for the most deprived persons in the Union for the year 2010 – Sufficiently serious breach of a rule of law intended to confer rights on individuals

T-832/14, [2016] EUECJ T-832/14, ECLI:EU:T:2016:428
Bailii

European, Consumer

Updated: 20 January 2022; Ref: scu.567414

Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003

Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer ‘unless a contrary intention is expressed’ in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power to revoke an order made under the earlier rules. Peter Smith J: ‘In my opinion, section 114 LPA 1925, either has no impact in the case of a transfer of a registered charge under registered land or its effects are subject to the need for the transferee to become registered proprietor under the LRA regime.’ and
‘In my judgment although s. 114 LPA does not say so it is not intended to apply to transfers of registered charges under the LRA 1925. The regime for transferring those charges is the statutory regime to which I have made reference above.’
‘That does not mean that section 114 will have no effect.’

The Honourable Mr Justice Peter Smith
[2003] EWHC 2834 (Ch)
Bailii
Law of Property Act 1925 114
England and Wales
Cited by:
CitedCredit and Mercantile Plc v Feliciangela Marks CA 14-May-2004
The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them.
Per incuriamDeg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy ChD 13-Dec-2004
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have . .
CitedMeretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Consumer, Contract, Land, Registered Land

Updated: 20 January 2022; Ref: scu.188254

Verband Sozialer Wettbewerb eV v Innova Vital GmbH: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 1(2) – Scope – Foods to be delivered as such to the final consumer – Claims made in a commercial communication addressed exclusively to health professionals

ECLI:EU:C:2016:563, [2016] EUECJ C-19/15
Bailii

European, Consumer

Updated: 19 January 2022; Ref: scu.566911

Association Francaise Des Usagers De Banques v Minister of Economy and Finance: ECJ 27 Feb 2020

(Opinion) Reference for a preliminary ruling – Consumer protection – Consumer credit contracts relating to immovable property for residential use – Payment or savings account – Obligation for the borrower to domiciliate his income in a payment account for a period fixed by the contract loan – Individualized advantage – Directive 2007/64 / EC – Article 45, paragraph 2 – Directive (EU) 2015/2366 – Article 55, paragraph 2 – Directive 2014/17 / EU – Article 4, points 26 and 27 – Tied selling – Grouped sale – Article 12, paragraph 1 – Article 12, paragraph 2, sub a) – Article 12, paragraph 3 – Directive 2014/92 / EU

C-778/18, [2020] EUECJ C-778/18_O, [2020] EUECJ C-778/18
Bailii, Bailii
European

Banking, Consumer

Updated: 17 January 2022; Ref: scu.654753

XZ v Ibercaja Banco: ECJ 30 Jan 2020

(Approximation of Laws – Opinion) Reference for a preliminary ruling – Unfair clauses in contracts concluded with consumers – Directive 93/13 / EEC – Mortgage credit agreement – Clause limiting the variability of the interest rate (‘floor’ clause) – Lack of transparency – Unfairness – Conclusion by the parties of an agreement entailing novation of the ‘floor’ clause, confirmation of the validity of the mortgage credit contract and mutual waiver of legal challenge – Compatibility with directive 93/13 – Conditions

C-452/18, [2020] EUECJ C-452/18_O, [2020] EUECJ C-452/18
Bailii, Bailii
European

Consumer

Updated: 17 January 2022; Ref: scu.654701

Hobbs v Winchester Corporation: CA 18 Jun 1910

Meat had been seized under section 116 of the 1875 Act as unfit for human consumption. Although the butcher was acquitted of any offence under section 117 of that Act, on the grounds that he was unaware that it was unfit for consumption, it was found that he was nonetheless ‘in default’ for the purpose of section 308, so that his claim for compensation failed.
Kennedy LJ said that, ‘I think there is a clear balance of authority that in construing a modern statute this presumption as to mens rea does not exist’.

Kennedy LJ
[1910] 2 KB 471, 26 TLR 557, 102 LT 841, 74 JP 413, [1910] UKLawRpKQB 108
Commonlii
Public Health Act 1875
England and Wales
Citing:
CitedCundy v Le Cocq QBD 26-May-1884
Reuirement fo Mens Rea is not Universal
The Licensing Act, 1872, s. 13, makes it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A publican sold intoxicating liquor to a drunken person who had given no indication of intoxication, and without being . .

Cited by:
CitedManolete Partners Plc v Hastings Borough Council TCC 12-Apr-2013
Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act.
Held: The court rejected the defence, holding . .
CitedManolete Partners Plc v Hastings Borough Council CA 7-May-2014
The claimants appealed from rejection of their claim to compensation under the 1984 Act as tenants of a pier closed by the Authority. The Authority said that it had failed to comply with its leasehold obligations of repair, and was in default under . .
CitedHastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .

Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 17 January 2022; Ref: scu.628554

Raiffeisen Bank SA v JB, and Similar: ECJ 5 Mar 2020

(Opinion) Reference for a preliminary ruling – Directive 93/13 / EEC – Establishment of the unfairness of contractual clauses – Credit agreement relating to a personal loan – Legal procedures – Legal action under common law imprescriptible – Legal action under common law, personal, patrimonial and prescriptible – Timing objective of the consumer’s knowledge of the existence of an unfair term

C-698/18, [2020] EUECJ C-698/18_O, ECLI: EU: C: 2020: 181, [2020] EUECJ C-698/18
Bailii, Bailii
European

Banking, Consumer

Updated: 14 January 2022; Ref: scu.654924

Verbraucherzentrale Berlin V v DB Vertrieb GmbH: ECJ 12 Mar 2020

(Judgment) Reference for a preliminary ruling – Consumer protection – Directive 2011/83 / EU – Scope – Service contract – Article 2, point 6 – Contract relating to passenger transport services – Article 3, paragraph 3, point k) – Cards conferring the right to benefit from price reductions at the time of the subsequent conclusion of passenger transport contracts – Online sale of such cards without informing the consumer about the right of withdrawal

ECLI: EU: C: 2020: 199, C-583/18, [2020] EUECJ C-583/18
Bailii
European

Consumer

Updated: 14 January 2022; Ref: scu.654945

Mikrokasa and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamkniety: ECJ 26 Mar 2020

(Judgment) Reference for a preliminary ruling – Consumer protection – Consumer credit contracts – Directive 2008/48 / EC – Article 3 (g), Article 10 (2) and Article 22 (1) – Level of harmonization – Concept of ‘cost of credit excluding interest ‘- Directive 93/13 / EEC – Article 1, paragraph 2 – Unfair clauses in contracts concluded with consumers – Ceiling of the total cost of credit excluding interest – Contractual clauses reflecting mandatory legislative or regulatory provisions – Exclusion

C-779/18, [2020] EUECJ C-779/18, ECLI: EU: C: 2020: 236, [2019] EUECJ C-779/18_O
Bailii, Bailii
European

Consumer

Updated: 14 January 2022; Ref: scu.654907

Kralova v Primera Air Scandinavia: ECJ 26 Mar 2020

(Judgment) Reference for a preliminary ruling – Area of ??freedom, security and justice – Jurisdiction and enforcement of decisions in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, point 1 – Jurisdiction in contractual matters – Articles 15 to 17 – Jurisdiction over contracts concluded by consumers – Regulation (EC) No 261/2004 – Articles 6 and 7 – Right to compensation in the event of long delay of a flight – Transport contract combining travel and accommodation concluded between the passenger and a travel agency – Claim for compensation against the air carrier not party to this contract – Directive 90/314 / EEC – Package travel

C-215/18, [2020] EUECJ C-215/18, ECLI: EU: C: 2020: 235, [2019] EUECJ C-215/18_O
Bailii, Bailii
European

Transport, Consumer

Updated: 14 January 2022; Ref: scu.654919

Kingston Upon Hull City Council, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 8 Apr 2016

This case arises from a dispute about the lack of toilet and washing facilities at two fast food outlets in Hull. The City Council, the claimant (‘Hull’), is not happy about that. It believes the commercial operator of the outlets (the second interested party (‘Greggs’) should provide those sanitary facilities and that Hull is being wrongly prevented from exercising its power to require Greggs to provide them on pain of criminal proceedings.

Kerr J
[2016] EWHC 1064 (Admin)
Bailii
Regulatory Enforcement and Sanctions Act 2008

Consumer, Administrative

Updated: 14 January 2022; Ref: scu.563272

Sales Sinues v Caixabank SA: ECJ 14 Apr 2016

(Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Contracts concluded between sellers or suppliers and consumers – Mortgage contracts – ‘Floor’ clause – Examination of the clause with a view to its invalidation – Collective proceedings – Action for an injunction – Stay of an individual action with the same subject matter

C-381/14, [2016] EUECJ C-381/14, [2016] EUECJ C-381/14 – CO
Bailii, Bailii
Directive 93/13/EEC

European, Consumer, Banking

Updated: 13 January 2022; Ref: scu.562071

OI v Air Nostrum: ECJ 30 Apr 2020

Air Passengers denied boarding – Compensation

Air Transport – Compensation for Air Passengers In The Event of Denied Boarding – Judgment Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation for air passengers in the event of denied boarding – Denied boarding – Cancellation – Connecting flights – Change of the reservation in respect of one of the flights comprising the journey by air against the passenger’s will – Arrival of the passenger without delay at his or her final destination)

C-191/19, [2020] EUECJ C-191/19
Bailii
European

Transport, Consumer

Updated: 13 January 2022; Ref: scu.654958

Euro Bank (Order): ECJ 3 Mar 2016

ECJ Order – Preliminary ruling – Consumer protection – Directive 93/13 / EEC – Credit Agreement – Unfair terms – National legislation – Execution Title simplified for banks – Affixing the mandatory enforceable by the enforcing court – Appreciation of officio the unfairness of contractual terms – Impossible – Repeal of national legislation in question – No need to adjudicate

C-537/15, [2016] EUECJ C-537/15 – CO
Bailii
Directive 93/13/EEC
European

Consumer

Updated: 12 January 2022; Ref: scu.561134

Swindon Borough Council v Webb (T/A Protective Coatings): CA 16 Mar 2016

The Council brought this unusual appeal pursuant to its powers as a General Enforcer under section 213 of the Enterprise Act 2002 to seek to restrain domestic infringements harmful to the collective interests of consumers.

Tomlinson, Lewison LJJ
[2016] EWCA Civ 152
Bailii
Enterprise Act 2002 213
England and Wales

Consumer, Local Government

Updated: 12 January 2022; Ref: scu.561127

Barnes and Another v Black Horse Ltd: QBD 31 May 2011

The claimants sought repayment by the bank of sums paid to them for Payment Protection Insurance policies sold to them in connection with loans made by the bank. The Bank now resisted an application for leave to amend the particulars of the counterclaim to allege that the taking out of the insurance had been made to appear obligatory.
Held: The amendments alleging breach of fiduciary duty were unsupported and bound to fail and were not allowed. Nor was any allegation of breach of a duty of care, and or unenforcability under Unfair Terms legislation, sufficiently set out in the proposed amendments and they too were rejected. Mrs Barnes however could raise the unfair relationship argument against the bank.

Waksman QC J
[2011] EWHC 1416 (QB)
Bailii
Consumer Credit Act 1974 140A, Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contract Regulations 1999
England and Wales
Citing:
CitedPatel v Patel QBD 10-Dec-2009
The parties had entered into a loan agreement at a high rate of annual interest but with monthly rests. The court was asked to set aside the agreement as unfair under the 1974 Act. . .
CitedMothew (T/a Stapley and Co) v Bristol and West Building Society CA 24-Jul-1996
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse . .
CitedBritish 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 . .
CitedHarrison v Black Horse Ltd QBD 1-Dec-2010
The claimant sought damages for breach of the statutory duty in ICOB, and for damages for negligence. The bank faced a claim that it had assumed responsibility to take reasonable care in recommending the policy it did. The bank had relied on the . .
CitedBlack Horse Ltd v Speak and Another QBD 21-Jul-2010
The court considered a case involving the selling of payment protection policies by lenders. The defendants said that since the bank had required them to take out the policy, its cost should have been included in the total charge for credit. Since . .

Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 12 January 2022; Ref: scu.440466

Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar: QBD 23 Dec 2009

(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give guidance on these issues. A photocopy of the signed document was not required, and a reconstruction would do, though as matter of good practice and so as not to mislead the debtor it is clearly desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. The document produced need not be in a condition such that if it were signed it would be satisfy the requirements for regulation. What mattered was that it provided what was needed clearly and without misleading the debtor. Also, regulation 7 requires a copy of the executed agreement in its original form as well as a statement of the terms as they are at the time of the request.
Waksman QC J set out costs principles on a discontinuance: ‘(1) when a claimant discontinues the proceedings, there is a presumption by reason of CPR 38.6 that the defendant should recover his costs; the burden is on the claimant to show a good reason for departing from that position;
(2) the fact that the claimant would or might well have succeeded at trial is not itself a sufficient reason for doing so;
(3) however, if it is plain that the claim would have failed, that is an additional factor in favour of applying the presumption;
(4) the mere fact that the claimant’s decision to discontinue may have been motivated by practical, pragmatic or financial reasons as opposed to a lack of confidence in the merits of the case will not suffice to displace the presumption;
(5) if the claimant is to succeed in displacing the presumption he will usually need to show a change of circumstances to which he has not himself contributed;
(6) however, no change in circumstances is likely to suffice unless it has been brought about by some form of unreasonable conduct on the part of the defendant which in all the circumstances provides a good reason for departing from the rule.’

Waksman QC J
[2009] EWHC 3417 (QB), Times 25-Jan-2010, [2010] Bus LR 1142, [2009] CTLC 103
Bailii
Consumer Credit Act 1974 61 78 189, The Consumer Credit (Agreements) Regulations 1983, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983
England and Wales
Citing:
CitedIn re Hewer 1882
A true copy of a document was provided, but it was said that it could not be a true copy for an error as to the description of monthly payments.
Held: Bacon CJ said that a true copy did not necessarily need to be an exact copy: ‘but that it . .
CitedWilson 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 of its property . .
CitedDimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
CitedBurchell v Thompson CA 1920
A printed form of bill of sale set out that in consideration of andpound;250 being ‘now paid by the grantees to’ and then identifying a third person ‘at the request of the grantor’ chattels were assigned by way of security for the repayment of the . .
CitedBarras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
CitedLloyds Bank v Mitchell CC 13-Sep-2009
(Leeds County Court) The defendant sought to escape liability under a consumer credit agreement saying that the bank had failed to provide a true copy of the agreement as required by the Act.
Held: A strict requirement that the bank produce . .
CitedHuntpast v Leadbetter 1993
It is crucial to the working of the Act that the parties know at the date when they make the agreement whether or not it is a regulated agreement. . .
CitedMcGinn v Grangewood Securities Ltd CA 23-Apr-2002
The lender used part of the loan to repay a small amount of arrears of the claimant on another loan. The part so used was not part of the objective of the loan, but one of the costs of obtaining it.
Held: The deduction was properly part of the . .
CitedRowlands v Hodson CA 8-Oct-2009
. .
CitedMcGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
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 . .
CitedKhodari v Al Tamimi QBD 18-Dec-2008
Claim for repayment of the balance of eighteen loans said to have been made to the Defendant. The total loaned was about pounds 1,125,000. Less repayments, and including an additional 10 percent he claims to be entitled to on the money advanced, his . .

Cited by:
AppliedKneale v Barclays Bank Plc (T/A Barclaycard) ComC 23-Jul-2010
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise.
Held: After Carey it was not to be argued . .
Appeal fromBrookes v HSBC Bank Plc CA 29-Mar-2011
The appellant had failed in his challenge to the bank’s imposition of charges. . .
CitedFresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc CA 8-Nov-2011
The parties had litigated the validity of a patent. . .

Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 12 January 2022; Ref: scu.384472

Fisher v Bell: QBD 10 Nov 1960

A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case the shopkeeper had merely issued an invitation to treat.
Held: The display of the knife in the window was indeed only an invitation to treat, and the knife had not been offered for sale. In the Keating and Wiles cases the Acts in question allowed a conviction where an item was exposed for sale. That did not apply here. The appeal was dismissed.
Lord Justice Parker said: ‘It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract.’

Parker LJ CJ, Ashworth Elwes JJ
[1961] 1 QB 394
England and Wales
Citing:
DistinguishedWiles v Maddison 1943
It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an . .
CitedMagor and St Mellons Rural District Council v Newport Corporaion HL 1951
The Court of Appeal had tried to fill in the gaps in a statute where parliament had intended an effect.
Held: Rights to compensation are well capable of falling within the definition of ‘property of a company’ in the relevant provisions of the . .
DistinguishedKeating v Horwood QBD 1926
A baker’s van was doing its rounds, delivering bread which had already been ordered but the van also contained bread which could be bought as required. The bread was underweight The Order prohibited the offering or exposing for sale of food . .

Lists of cited by and citing cases may be incomplete.

Crime, Consumer, Contract

Leading Case

Updated: 12 January 2022; Ref: scu.185104

Nelmes v Nram Plc: CA 26 May 2016

The appellant challenged possession orders under mortgages, saying that the mortgage arrangement was unfair under section 140A of the 1974 Act. He said that the lender’s valuation had been excessive.
Held: With the exception of his treatment of the procuration fee, the judge was entitled to conclude that there was no unfairness in the relationship between NR and Mr Nelmes which required the court to use its powers under section 140B.

Elias, Christopher Clarke, Kitchin LJJ
[2016] EWCA Civ 491
Bailii
Consumer Credit Act 1974 140A
England and Wales

Consumer, Banking

Updated: 10 January 2022; Ref: scu.564719

Finanmadrid EFC v Zimbrano and others: ECJ 18 Feb 2016

Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms – Order for payment procedure – Enforcement proceedings – Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid – Principle of res judicata – Principle of effectiveness – Charter of Fundamental Rights of the European Union – Judicial protection

ECLI:EU:C:2016:98, C-49/14, [2016] EUECJ C-49/14
Bailii
Directive 93/13/EEC, Charter of Fundamental Rights of the European Union

European, Consumer

Updated: 10 January 2022; Ref: scu.560211

NRAM Plc v McAdam and Another: ComC 10 Dec 2014

The claimant, formerly Northern Rock, pursued repayment of many loans based on part secured and part unsecured loans. The defendants said that the loans were unenforceable against them under the Consumer Credit legislation because the requisite information had not been provided.

Burton J
[2014] EWHC 4174 (Comm)
Bailii
Consumer Credit Act 1974 8(2), Consumer Credit (Agreements) Regulations 1983, Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, Consumer Credit (Disclosure of Information) Regulations 2004, Consumer Credit Act 2006, Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007
England and Wales

Banking, Consumer

Updated: 08 January 2022; Ref: scu.539962

Neptune Distribution v Ministre de l’Economie et des Finances: ECJ 17 Dec 2015

Judgment – Reference for a preliminary ruling – Regulation (EC) No 1924/2006 – Directive 2009/54/EC – Articles 11(1) and 16 of the Charter of Fundamental Rights of the European Union – Consumer protection – Nutrition and health claims – Natural mineral waters – Sodium/salt content – Calculation – Sodium chloride (table salt) or total amount of sodium – Freedom of expression and information – Freedom to conduct a business

C-157/14, [2015] EUECJ C-157/14, ECLI:EU:C:2015:823
Bailii
Regulation (EC) No 1924/2006, Directive 2009/54/EC, Charter of Fundamental Rights of the European Union 11(1) 16
European

Consumer, Human Rights

Updated: 08 January 2022; Ref: scu.557021

Chelluri v Air India Ltd: CA 21 Dec 2021

Whether an air passenger with a single booking, departing from one country outside the EU/UK[1], and arriving at another country outside the EU/UK, can rely on the relevant Regulation dealing with compensation for flight delays, in circumstances where the third of the four legs that made up that single reservation was late leaving Heathrow. In his judgment dated 22 January 2021, HHJ Berkley (‘the judge’) allowed an appeal against the decision of the district judge, and rejected that claim.

Sir Geoffrey Vos, Master of the Rolls,
Lord Justice Coulson,
And,
Lord Justice Stuart-Smith
[2021] EWCA Civ 1953
Bailii
England and Wales

Transport, Consumer

Updated: 08 January 2022; Ref: scu.670636

Banif Plus Bank Zrt v Marton Lantos: ECJ 3 Dec 2015

ECJ Judgment – References for a preliminary ruling – Directive 2004/39/EC – Articles 4(1) and 19(4), (5) and (9) – Markets in financial instruments – Concept of ‘investment services and activities’ – Provisions to ensure investor protection – Conduct of business obligations when providing investment services to clients – Obligation to assess the suitability or appropriateness of the service to be provided – Contractual consequences of non-compliance with that obligation – Consumer credit contracts – Foreign currency denominated loan – Advancement and reimbursement of loan in domestic currency – Terms relating to the exchange rate

[2015] WLR(D) 498, ECLI:EU:C:2015:794, C-312/14, [2015] EUECJ C-312/14
WLRD, Bailii
Directive 2004/39/EC 4(1)

European, Banking, Consumer

Updated: 07 January 2022; Ref: scu.556323

Walter Endress v Allianz Lebensversicherungs-Ag: ECJ 19 Dec 2013

ECJ Request for a preliminary ruling – Directives 90/619/EEC and 92/96/EEC – Direct life assurance – Right of cancellation – Lack of information on the conditions governing the exercise of that right – Expiry of the cancellation period one year after payment of the first premium – Conformity with Directives 90/619/EEC and 92/96/EEC

[2013] EUECJ C-209/12, ECLI:EU:C:2013:864
Bailii
Directive 90/619/EEC, Directive 92/96/EEC
Citing:
OpinionWalter Endress v Allianz Lebensversicherungs-Ag ECJ 11-Jul-2013
ECJ Opinion – Life assurance – Right of cancellation – Cancellation period – Starting point and duration – Communication of information . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 06 January 2022; Ref: scu.554527

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the Unfair Terms in Consumer Contracts Regulations 1999.
Held: The appeal of Cavendish was granted, but that in ParkingEye rejected. The law relating to penalties was long establishe and must be maintained. It should not however be extended, having already become an ‘ancient, haphazardly constructed edifice which has not weathered well’ The rule as to penalties regulated only the remedy available under the contract for a breach of a primary contractual obligations. It does not control the fairness of primary obligations under the contract.
A contractual term can be unenforceable as a penalty if it operates on a breach of contract and satisfies the relevant test, which was explained as follows:
‘The true test is whether the impugned provision is a secondary obligation which imposes a detriment on the contract-breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation’ (per Lord Neuberger of Abbotsbury PSC and Lord Sumption JSC, with whom Lord Carnwath JSC and Lord Clarke of Story- cum-Ebony JSC agreed) and
‘What is necessary in each case is to consider, first, whether any (and, if so, what) legitimate business interest is served and protected by the clause, and, second, whether, assuming such an interest to exist, the provision made for the interest is nevertheless in the circumstances extravagant, exorbitant or unconscionable’ (per Lord Mance JSC, with whom Lord Clarke and Lord Toulson JSC agreed) and
‘ . . the correct test for a penalty is whether the sum or remedy stipulated as a consequence of a breach of contract is exorbitant or unconscionable when regard is had to the innocent party’s interest in the performance of the contract’ (per Lord Hodge JSC, with whom Lord Clarke and Lord Toulson agreed).

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson, Lord Hodge
[2015] UKSC 67, 162 Con LR 1, [2015] 3 WLR 1373, [2016] RTR 8, [2016] AC 1172, [2016] BLR 1, [2016] CILL 3769, [2015] WLR(D) 439, [2016] 1 Lloyd’s Rep 55, UKSC 2013/0280
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary
Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977
England and Wales
Citing:
CitedAstley v Frances Weldon CCP 27-Jan-1801
Clause was a Penalty – Not Estimate of Loss
By articles of agreement between the Plaintiff arid Defendant it was agreed on the part of the former that he should pay the latter so much per week to perform at his theatres, with her travelling expences of removing from one theatre to another . .
See AlsoCavendish Square Holdings Bv and Another v El Makdessi ComC 14-Dec-2012
The parties disputed whether clauses in a share sale agreement between them amounted to a penalty and as such were rendered unenforeable.
Held: Burton J felt able to escape those constraints, and concluded that the two provisions were valid . .
CitedWallis v Smith CA 1882
Jessel MR said: ‘You may depart from the literal meaning of words, if reading the words literally leads to an absurdity.’ and ‘It has always appeared to me that the doctrine of the English law as to non-payment of money – the general rule being that . .
CitedSir Harry Peachy v Duke of Somerset 1720
Lord Macclesfield said: ‘The true ground of relief against penalties is from the original intent of the case, where the penalty is designed only to secure money, and the court gives him all that he expected or desired: but it is quite otherwise in . .
CitedSloman v Walter 14-Nov-1783
Common law enforced the bonds according to their letter. But equity regarded the real intention of the parties as being that the bond should stand as security only, and restrained its enforcement at common law on terms that the debtor paid damages, . .
CitedRoles v Rosewell 12-Feb-1794
The stat, 8 and 9 W. 3, e. 11, s. 8, which enacts ‘That in actions on any penal sum for non-performance of covenants, and co. the plaintiff may assign as many breaches, and co. and if judgment shall be given for the plaintiff on nihil dicit the . .
CitedProtector Endowment Loan and Annuity Company v Grice 1880
Baggallay LJ considered the equitable doctrine of relief: ‘where the intent is not simply to secure a sum of money, or the enjoyment of a collateral object, equity does not relieve’. . .
Appeal fromEl Makdessi v Cavendish Square Holdings Bv and Another CA 26-Nov-2013
The appellants had agreed for the sale of his company by way of a share sale agreement. The price to be paid was to vary accoriding to the operating profits. A large part of the price reflected goodwill. The agreement contained a clause providing . .
Appeal fromParkingeye Ltd v Beavis CA 23-Apr-2015
The appellant had overstayed the permitted period of free parking in a retail park by nearly an hour. The parking was managed by the respondent who had imposed a charge of 85.00 pounds. The judge had found that the appellant was in breach of a . .
CitedHardy v Bern 1794
This case, which is brought by writ of error from the Court of Exchequer, is an action of debt upon articles of agreement containing divers stipulations of things to be done by the defendant; and there is a penal clause, whereby the parties became . .
CitedBetts v Burch 11-May-1859
Martin B regretted that he was ‘bound by the cases’ and prevented from holding that ‘parties are at liberty to enter into any bargain they please’ so that ‘if they have made an improvident bargain they must take the consequences’. Bramwell B did not . .
CitedCommissioner of Public Works v Hills PC 24-May-1906
(Cape of Good Hope) A railway construction contract provided that in the event of a breach by the contractor he should forfeit ‘as and for liquidated damages’ certain percentages retained by the Government of the Cape of Good Hope of money payable . .
CitedDunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd HL 1-Jul-1914
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, . .
CitedRobophone Facilities Ltd v Bank CA 1966
Parties to a contract should be free to stipulate not only primary obligations and rights but also the secondary rights and obligations, ie those which arise upon non-performance of any primary obligation by one of the parties to the contract, but . .
CitedClydebank Engineering Co v Castaneda HL 19-Nov-1904
The House considered a contract for the construction by a Scottish shipbuilder of four torpedo boats for the Spanish government. The contract provided that: ‘The penalty for late delivery shall be at the rate of andpound;500 per week for each . .
CitedCooden Engineering Co Ltd v Stanford CA 1953
A payment to be made on a wrongful termination of a lease by a tenant, will attract consideration of the law of penalties, for notwithstanding the requirement for acceptance of it, the amount to be paid is, ‘plainly a sum to be paid in consequence . .
CitedModern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd HL 1974
The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would . .
CitedScandinavian Trading Tanker Co AB v Flota Petrolera Ecuatoriana (The Scaptrade) HL 1983
The House considered giving relief from forfeiture where an owner had justifiably withdrawn his vessel in accordance with the terms of the charter.
Held: A withdrawal clause under a time charter, exercised on the ground of the charterer’s . .
CitedAMEV-UDC Finance Ltd v Austin 1986
High Court of Australia – Contract – Damages – Penalty – Agreement for hire of chattel – Failure to pay instalments of hire – Termination by owner pursuant to contractual power – Damages – Instalments due but unpaid – Damages for loss of . .
CitedElse (1982) Ltd v Parkland Holdings Ltd CA 1994
Hoffmann LJ spoke of the giving of relief in the context of a penalty: ‘mechanical in effect and involves no exercise of discretion at all.’ . .
CitedMoss Empires Ltd v Olympia (Liverpool) Ltd 1939
Lord Atkin said: ‘if it does not apply in its ordinary and natural construction, I do not understand how there can be said to exist any principle of law which would avoid an agreement not in terms avoided by the statute sought to be applied.’ . .
CitedCampbell Discount Company Ltd v Bridge HL 1962
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach.
Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated . .
CitedShiloh Spinners Ltd v Harding HL 13-Dec-1972
A right of re-entry had been reserved in the lease on the assignment (and not on the initial grant) of a term of years in order to reinforce covenants (to support, fence and repair) which were taken for the benefit of other retained land of the . .
CitedExport Credits Guarantee Department v Universal Oil Products HL 1983
A contract provided for the payment of a stated sum by one party to the contract (A) to the other party (B) in the event of the non-performance by A of one of more contractual obligations owed by A not to B himself but to C, who was not a party to . .
CitedOfficial Custodian for Charities v Parway Estates Developments (In Liquidation) CA 1985
The consideration for the grant of a lease was not a capital sum, but substantial building works. Application was made for its forfeiture.
Held: Dillon LJ assumed that the words ‘if the tenant shall enter into liquidation whether compulsorily . .
CitedStreet v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
CitedAssociated British Ports v CH Bailey plc 1990
. .
CitedCukurova Finance International Ltd and Others v Alfa Telecom Turkey Ltd PC 23-May-2012
(British Virgin Islands) Interlocutory issue as to who should manage the affairs of the Turkcell mobile telephone business pending the Board’s final adjudication (after a hearing which should take place this autumn) on the rights and wrongs of what . .
CitedDomina Holles v Wyse 9-May-1693
Interest reserved at 5 pounds per cent. but if not duly paid, then to answer interest at 6 pounds per ann. Great arrear of interest. Mortgagor decreed to pay but 5 pounds per cent., the reservation at 6 per cent. being only as a Nomine Poenae -But . .
CitedStrode v Parker 27-Apr-1694
. .
CitedWallingford v Mutual Society HL 1880
Lord Hatherley said: ‘Now I take it to be as settled as anything well can be by repeated decisions, that the mere averment of fraud, in general terms, is not sufficient for any practical purpose in [a pleading]. Fraud may be alleged in the largest . .
CitedGeneral Trading Company (Holdings) Ltd v Richmond Corporation Ltd ComC 3-Jul-2008
. .
CitedWhite and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
CitedBICC plc v Burndy Corp CA 1985
. .
CitedLordsvale Finance Plc v Bank of Zambia QBD 20-Mar-1996
The court looked at a facility agreement opened by a bank in favour of the defendant which provided that in the event of default the defendant should pay interest during the period of default at an aggregate rate equal to the cost to the bank of . .
CitedCo-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
CitedCine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others CA 21-Nov-2003
The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, . .
CitedMurray v Leisureplay Plc CA 28-Jul-2005
The court considered the extent to which the content of negotiations leading up to the signing of a contract were admissible. Arden LJ said: ‘Lord Dunedin in the Dunlop case makes the point that, although the issue is one of construction, the court . .
CitedImperial Tobacco Company (of Great Britain) and Ireland v Parslay CA 1936
Lord Wright MR said: ‘A millionaire may enter into a contract in which he is to pay liquidated damages, or a poor man may enter into a similar contract with a millionaire, but in each case the question is exactly the same, namely, whether the sum . .
CitedLegione v Hateley 1982
(High Court of Australia) Purchasers of land were put on notice that unless they paid the price by 10th August the contract of sale would be rescinded. On 9th August the purchasers’ solicitor telephoned the vendor’s solicitors and spoke to the . .
CitedPhilips (Hong Kong) Ltd v The Attorney General of Hong Kong PC 9-Feb-1993
After referring to two Australian cases on penalty clauses in contracts: ‘These statements assist by making it clear that the court should not adopt an approach to provisions as to liquidated damages which could, as indicated earlier, defeat their . .
CitedEuro London Appointments Ltd v Claessens International Ltd CA 6-Apr-2006
The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the . .
CitedIAC (Leasing) Ltd v Humphrey 7-Jan-1972
High Court of Australia – Contract – Penalty – Hire of chattels for term – Liability of lessee on repossession and on return Before or at the end of term – Payment of deficiency where equipment sold or valued at amount less than appraisal value . .
CitedAndrews v Australia and New Zealand Banking Group Ltd 6-Sep-2012
Austlii High Court of Australia – Banker and customer – Penalty doctrine – Consumer and commercial credit card accounts – Honour fee – Dishonour fee – Late payment fee – Non-payment fee – Over limit fee – Whether . .
CitedOffice 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 . .
CitedChartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
CitedIn re Dagenham (Thames) Dock Co; Ex parte Hulse CA 1873
The Court of Appeal in chancery heard an appeal from the Master of the Rolls from his refusal of the Master of the Rolls to make a declaration in the winding up of the purchaser company. The purchaser had sought a direction that if the balance of . .
CitedKilmer v The British Columbia Orchard Lands Limited PC 26-Feb-1913
British Columbia . .
CitedRingrow Pty Ltd v BP Australia Pty Ltd 17-Nov-2005
High Court of Australia – Contract – Penalty – Agreement to purchase service station from distributor of fuel – Collateral agreement requiring fuel to be purchased exclusively from distributor – Breach of collateral agreement – Termination of . .
CitedOffice 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 . .
CitedO’Dea v Allstates Leasing System (WA) Pty Ltd 17-Feb-1983
High Court of Australia – Contract – Breach – Penalty – Hire of vehicle for term – Liability of lessee on repossession before end of term – Provision that entire rent for term due at commencement of term – Entire rent not payable if instalments duly . .

Cited by:
CitedWright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd ChD 6-Mar-2018
IVA is a special form of contract
Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on . .

Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 05 January 2022; Ref: scu.554250

Barry v Davies (T/A Heathcote Ball and Co) and Others: CA 27 Jul 2000

The claimant sought damages from an auctioneer who had failed to accept his bid, and withdrawn the items from the sale.
Held: In an auction without reserve the auctioneer was not entitled to withdraw an item on the basis that the highest or only bid was too low. To do so was to put himself in a position as if he was bidding for the seller, and that was not allowed save under the Act. The auctioneer himself was liable in damages to the disappointed bidder in a sum equivalent to the market value less the rejected bid.

Pill LJ, Sir Murray Suart-Smith
Times 31-Aug-2000, Gazette 12-Oct-2000, [2000] EWCA Civ 235
Bailii
Sale of Goods Act 1979 57(4)
England and Wales
Citing:
CitedPayne v Cave 2-May-1789
Auction Bid Withdrawn Before Hammer Fell
The defendant’s bid for a worm-tub, and a pewter worm was highest at the auction, but he withdrew his bid before the hammer fell. The auction was under standard conditions.
Held: No contract had been made. The bid was an offer which could be . .
CitedThornett v Haines 28-Apr-1846
Where a sale by auction is advertised or stated by the auctioneer to be ‘without reserve’, the employment by the vendor of a puffer to bid for him, without notice, renders the sale void, and entitles the purchaser to recover back his deposit from . .
CitedHarris v Nickerson QBD 25-Apr-1873
The defendant auctioneer advertised in the London papers that certain brewing materials, plant, and office furniture would be sold by him at Bury St Edmunds on a certain day and two following days. The plaintiff, a commission broker in London, . .
CitedWarlow v Harrison QBD 25-Nov-1858
Whether Auctioneer liable to bidder – vendor’s bid
Three following horses were advertised for sale at auction being the property of a gentleman and sold without reserve. The auctioneer had knocked one down as sold for 61 guineas, but the bid was from the owner. The plaintiff sued the auctioneer, . .
CitedWarlow v Harrison CExC 26-Nov-1859
Unless public notice of this was given, a bid from the seller himself was fraudulent. He appealed against rejection of his claim against the auctioneer.
Held: The appeal failed on the existing pleadings, but said that the plaintiff might . .
CitedMainprice v Westley 4-Jul-1865
Liability of auctioneer. Sale without reserve. Undisclosed principal – 1. A declaration alleged that the defendant, an auctioneer, published handbills representing that at a certain day and place he would offer certain premises for peremptory sale . .
CitedHarris v Nickerson QBD 25-Apr-1873
The defendant auctioneer advertised in the London papers that certain brewing materials, plant, and office furniture would be sold by him at Bury St Edmunds on a certain day and two following days. The plaintiff, a commission broker in London, . .
CitedFenwick v MacDonald Fraser and Co SCS 29-Jun-1904
A sale of farm animals by auction was not made without reserve because the condition of sale reserved to the owner the right to make one offer for each animal. The Lord Ordinary Lord Kyllachy had decided the case both on the grounds that there was a . .

Lists of cited by and citing cases may be incomplete.

Contract, Consumer, Damages, Agency, Contract

Updated: 05 January 2022; Ref: scu.78262

Erste Bank Hungary Zrt v Attila Sugar: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts concluded between a seller or supplier and a consumer – Mortgage loan agreement – Article 7(1) – Stopping the use of unfair terms – Adequate and effective means – Acknowledgement of the debt – Notarised instrument – Affixation of the enforcement clause by a notary – Enforceable order – Notary’s obligations – Examination by the national court of its own motion of unfair terms – Judicial review – Principles of equivalence and effectiveness

M Ilesic P
ECLI:EU:C:2015:637, C-32/14, [2015] EUECJ C-32/14
Bailii
Directive 93/13/EEC 7(1)

European, Consumer, Contract

Updated: 04 January 2022; Ref: scu.552875

Costea v SC Volksbank Romania SA: ECJ 3 Sep 2015

ECJ Reference for a preliminary ruling – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Credit agreement concluded by a natural person who practises as a lawyer – Repayment of a loan secured on a building owned by the borrower’s law firm – Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement

[2015] EUECJ C-110/14, C-110/14
Bailii
Directive 93/13/EEC 2(b)
Citing:
OpinionCostea v SC Volksbank Romania SA ECJ 23-Apr-2015
ECJ Advocate Generals Opinion – Consumer protection – Definition of consumer within the meaning of Article 2(b) of Directive 93/13/EEC – Credit agreement concluded by a natural person who practises as a lawyer – . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 03 January 2022; Ref: scu.552024

Colena AG v Karnevalservice Bastian GmbH: ECJ 3 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Consumer protection – Regulation (EC) No 1223/2009 – Scope – Non-corrective colour contact lenses featuring designs – Statement on the outer packaging describing the product in question as a cosmetic product – Consumer protection

ECLI:EU:C:2015:540, C-321/14, [2015] EUECJ C-321/14
Bailii

European, Consumer

Updated: 03 January 2022; Ref: scu.551988

Costea v SC Volksbank Romania SA: ECJ 23 Apr 2015

ECJ Advocate Generals Opinion – Consumer protection – Definition of consumer within the meaning of Article 2(b) of Directive 93/13/EEC – Credit agreement concluded by a natural person who practises as a lawyer – Loan secured on a building owned by the borrower’s law firm – Effect of knowledge and profession on the status of consumer – Determination of the purpose of the loan – Dual purpose contracts within the meaning of recital 17 in the preamble to Directive 2011/83/EU – Effect of an ancillary contract on the principal contract

Cruz Villalon AG
C-110/14, [2015] EUECJ C-110/14 – O
Bailii
Directive 93/13/EEC
Cited by:
OpinionCostea v SC Volksbank Romania SA ECJ 3-Sep-2015
ECJ Reference for a preliminary ruling – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Credit agreement concluded by a natural person who practises as a lawyer – Repayment of a loan secured on a . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 03 January 2022; Ref: scu.551984

McMullon v Secure The Bridge Ltd: CA 5 Aug 2015

Appeal from the decision of Bradford and Leeds County Courts concerning the application of the Consumer Credit Act 1974 (‘the Act’, as amended by the Consumer Credit Act 2006) to an agreement dated 8th July 2010 (‘the Credit Agreement’), under which the Respondent to this appeal, being the Claimant below, provided bridging finance to the Appellant

Sir James Munby P FD, Underhill LJ, Hildyard J
[2015] EWCA Civ 884
Bailii
Consumer Credit Act 1974
England and Wales

Consumer, Banking

Updated: 03 January 2022; Ref: scu.551009

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 16 Jul 2015

Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 93/13 / EEC – Article 7 – Charter of Fundamental Rights of the European Union – Articles 7 and 47 – Contracts concluded with consumers – mortgage agreement – Unfair terms – foreclosure procedure – Appeal Right of appeal ‘

C-539/14, [2015] EUECJ C-539/14 – CO
Bailii
Charter of Fundamental Rights of the European Union 7 47

European, Human Rights, Consumer, Banking

Updated: 03 January 2022; Ref: scu.550994

Smith and Another v Royal Bank of Scotland Plc: CA 3 Dec 2021

Claims for compensation under the Consumer Credit Act 1974 arising from payment protection insurance (‘PPI’) policies taken out at the same time as agreements for credit cards from the Royal Bank of Scotland (‘RBS’). The issues in this appeal are about how the Act in its form as amended on 6 April 2007 applies to cases in which the PPI policy was terminated before the amendments to the Act came into force.

Lady Justice Macur,
Lord Justice Coulson,
And,
Lord Justice Birss
[2021] EWCA Civ 1832
Bailii
England and Wales

Consumer, Banking

Updated: 02 January 2022; Ref: scu.670344

Hotel Sava Rogaaika v Republika Slovenija: ECJ 24 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Natural mineral water – Directive 2009/54/EC – Article 8(2) – Annex I – Prohibition on marketing ‘natural mineral water from one and the same spring’ under more than one trade description – Meaning

C-207/14, [2015] EUECJ C-207/14, ECLI:EU:C:2015:414
Bailii
Directive 2009/54/EC

European, Consumer

Updated: 01 January 2022; Ref: scu.549455

Health Food Manufacturers’ Association and Others v Commission: ECFI 12 Jun 2015

Judgment – Consumer protection – Regulation (EU) No 432/2012 – Health claims made on foods – Actions for annulment – Regulatory act not entailing implementing measures – Whether directly concerned – Admissibility – Infringement of Articles 13 and 28 of Regulation (EC) No 1924/2006 – Principle of good administration – Non-discrimination – Incorrect assessment criteria – Regulation No 1924/2006 – Plea of illegality – Right to be heard – Legal certainty – Unreasonable transition period – List of claims on hold

T-296/12, [2015] EUECJ T-296/12
Bailii
Regulation (EC) No 1924/2006 13 28, Regulation (EU) No 432/2012

European, Consumer

Updated: 30 December 2021; Ref: scu.548119

Faber v Autobedrijf Hazet Ochten BV: ECJ 4 Jun 2015

Judgment – Reference for a preliminary ruling – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Status of the purchaser – Consumer status – Lack of conformity of the goods delivered – Duty to inform the seller – Lack of conformity which became apparent within six months of delivery of the goods – Burden of proof

C-497/13, [2015] EUECJ C-497/13, ECLI:EU:C:2015:357
Bailii
Directive 1999/44/EC

European, Consumer

Updated: 30 December 2021; Ref: scu.547695

Van Hove v CNP Assurances SA: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms – Insurance contract – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject-matter of the contract – Term intended to ensure that mortgage loan repayments are covered – Borrower’s total incapacity for work – Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise

Ilesic P
C-96/14, [2015] EUECJ C-96/14
Bailii
Directive 93/13/EEC

European, Consumer, Insurance

Updated: 29 December 2021; Ref: scu.546113

Nemzeti Fogyasztovedelmi Hatosag vUPC Magyarorszag (Judgment): ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2005/29/EC – Unfair commercial practices – Erroneous information provided by a telecommunications undertaking to one of its subscribers which has resulted in additional costs for the latter – Classification as a ‘misleading commercial practice

C-388/13, [2015] EUECJ C-388/13, ECLI:EU:C:2015:225
Bailii
Directive 2005/29/EC

European, Consumer

Updated: 29 December 2021; Ref: scu.545455

Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Consumer protection – Liability for damage caused by defective products – Directive 85/374/EEC – Articles 1, 6(1) and section (a) of the first paragraph of Article 9 – Pacemakers and implantable cardioverter defibrillators – Risk of product failure – Personal injury – Removal of the allegedly defective product and replacement with another product – Reimbursement of the costs of the operation

L. Bay Larsen, P
C-503/13, [2015] EUECJ C-503/13
Bailii
Directive 85/374/EEC

European, Consumer

Updated: 28 December 2021; Ref: scu.543907

Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd: CA 10 Feb 2015

The company appealed against trefusal to alter undertakings given to the court as to the future conduct of its business pending an application by the respondent for the company to be wound up in the public interest.

Richards, Ryder, Briggs LJJ
[2015] EWCA Civ 76
Bailii
England and Wales

Company, Consumer

Updated: 27 December 2021; Ref: scu.542443

Air Berlin v Bundesverband der Verbraucherzentralen und Verbraucherverbande: ECJ 15 Jan 2015

ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 1008/2008 – Air services – Second sentence of Article 23(1) – Price transparency – Computerised booking system – Air fares – Indication at all times of the final price

C-573/13, [2015] EUECJ C-573/13, ECLI:EU:C:2015:11
Bailii
Regulation (EC) No 1008/2008

European, Consumer, Transport

Updated: 27 December 2021; Ref: scu.541492

Barreiro, Alonso, Rodriguez v Air France SA: ECJ 13 Oct 2011

Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(l) – Compensation for passengers in the event of cancellation of a flight – Meaning of ‘cancellation’ – Article 12 – Meaning of ‘further compensation’ – Compensation under national law

K Lenaerts, P
[2011] EUECJ C-83/10, [2012] Bus LR 1596
Bailii
Regulation (EC) No 261/2004Regulation (EC) No 261/2004
European
Citing:
OpinionBarreiro, Alonso, Rodriguez v Air France ECJ 28-Jun-2011
barreiroECJ11
ECJ Air transport – Assistance, care and compensation for passengers – Meaning of ‘cancellation’ and ‘further compensation’ . .

Lists of cited by and citing cases may be incomplete.

Transport, Consumer

Updated: 24 December 2021; Ref: scu.540514

Siewert And Others v Condor Flugdienst GmbH: ECJ 14 Nov 2014

ECJ Order Of The Court – Preliminary reference – Rules of Procedure – Article 99 – Air transport – Regulation (EC) No 261/2004 – Long delay of flights – Right passengers for compensation – Conditions for exemption of air carrier of its obligation to Compensation – Concept of ‘extraordinary circumstances’ – Jet damaged by a boarding escalator during a previous flight ‘

T. von Danwitz, P
C-394/14, [2014] EUECJ C-394/14 – CO, ECLI: EU: C: 2014: 2377
Bailii
Regulation (EC) No 261/2004
European

European, Transport, Consumer

Updated: 23 December 2021; Ref: scu.539176

Various Claimants v Giambrone and Law (A Firm) and Others: QBD 7 Jul 2015

The claimants sought damages after the defendant had sold them time share interests in property in Italy. The purchases were made ‘off-plan’, but the buildings wree never completed. The defendant law firm had in each case been engaged to act for them.

Foskett J
[2015] EWHC 1946 (QB)
Bailii
England and Wales

Consumer, Contract, Land

Updated: 23 December 2021; Ref: scu.550082

Grace and Another v Black Horse Ltd: CA 30 Oct 2014

The appellant had entered into a Consumer Credit Agreement with the respondent, but the form signed by him was not the same as that signed by the bank, and it was unenforceable. He fell into arrears.

Lord Dyson MR, Beatson, Briggs LJJ
[2014] EWCA Civ 1413, [2015] 2 All ER (Comm) 465, [2015] 3 All ER 223, [2014] WLR(D) 460, [2015] BUS LR 1
Bailii, WLRD
Consumer Credit Act 1974 63
England and Wales

Consumer, Banking

Updated: 23 December 2021; Ref: scu.538187

CA Consumer Finance v Ingrid Bakkaus and others: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Consumer protection – Consumer Credit – Pre Obligations of professional lender – Information Duties and evaluating the consumer’s creditworthiness – Terms and burden of proof of such obligations

Nils M Wahl QG
C-449/13, [2014] EUECJ C-449/13 – O, [2014] EUECJ C-449/13
Bailii, Bailii

European, Consumer

Updated: 21 December 2021; Ref: scu.536709

Germanwings GmbH v Ronny Henning: ECJ 4 Sep 2014

ECJ (Judgment) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 2, 5 and 7 – Right to compensation in the event of a long delay to a flight – Length of delay – Concept of ‘arrival time’

M. Safjan, P
C-452/13, [2014] EUECJ C-452/13
Bailii
Regulation (EC) No 261/2004

European, Transport, Consumer

Updated: 21 December 2021; Ref: scu.536450

Kwei Tek Chao v British Traders and Shippers: QBD 1954

In testing whether a buyer of goods has acted inconsistently with the rights of the seller so as to lose the right of rejection where as in this case, property in the goods has passed to the buyer, the ownership of the seller with which the buyer must not act inconsistently is the reversionary interest of the seller which remains in him arising from the contingency that the buyer may reject the goods.
Devlin J said: ‘I do not think that that claim can succeed, first, because there is no evidence that that measure of damage was contemplated by the parties. It is perfectly true that the defendants knew that the plaintiffs were merchants who had bought for re-sale, but everybody who sells to a merchant knows that he has bought for re-sale, and it does not, as I understand it, make any difference to the ordinary measure of damage where there is a market. What is contemplated is that the merchant buys for re-sale, but if the goods are not delivered to him he will go out into the market and buy similar goods and honour his contract in that way. If the market has fallen he has suffered no damage; if the market has risen the measure of damage is the difference in the market price. There are, of course, cases where that ordinary measure of damage is not applicable because something different is contemplated. If, for example, a man sells goods of special manufacture and it is known that they are to be re-sold, it must also be known that they cannot be bought in the market, being specially manufactured by the seller. In such a case the loss of profit becomes the appropriate measure of damage. Similarly, it may very well be that in the case of string contracts, if the seller knows that the merchant is not buying merely for re-sale generally, but upon a string contract where he will re-sell those specific goods, and where he could only honour his contract by delivering those goods and no others, the measure of loss of profit on re-sale is the right measure.
In my judgment there is no evidence that the defendants had any knowledge that the plaintiffs intended to re-sell those very goods; indeed, I am not at all sure that the plaintiffs did intend to re-sell those very goods. I think that the highest that the case can be put is that the plaintiffs, if they did anything at all, appropriated those goods subsequently to the contract with Nam Hua. But there is no evidence that there was any system of string contracts; or that the defendants knew anything more than that the plaintiffs were buying for re-sale generally, and no evidence to show that it could ever have been contemplated that if the goods were not delivered it would be necessary for the plaintiffs to do anything except go out into the market and buy similar goods which would have taken their place.’

Devlin J
[1954] 2 QB 459
England and Wales
Cited by:
CitedClegg v Olle Andersson (T/A Nordic Marine) CA 11-Mar-2003
Right oReject Survived Attempted Repair
The claimant agreed to purchase a yacht from the defendants with a keel to the manufacturer’s standard specifications. The keel actually installed was rather heavier. After correspondence, the claimant rejected the yacht and required the return of . .
CitedScottish and Newcastle International Limited v Othon Ghalanos Ltd HL 20-Feb-2008
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have . .

Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 20 December 2021; Ref: scu.180702

Clegg v Olle Andersson (T/A Nordic Marine): CA 11 Mar 2003

Right oReject Survived Attempted Repair

The claimant agreed to purchase a yacht from the defendants with a keel to the manufacturer’s standard specifications. The keel actually installed was rather heavier. After correspondence, the claimant rejected the yacht and required the return of the the purchase price. The respondent said the exercise of a right of rejection was unreasonable, given that the manufacturer had offered to correct the defect.
Held: Though a repair had been undertaken the right to reject had not been lost. The buyer had maintained his demand for information about the defect. Whether or not a buyer has had a reasonable time to inspect the goods is only one of the questions to be answered in ascertaining whether there has been acceptance in accordance with subsection (4). Subsection (6)(a) shows that time taken merely in requesting or agreeing to repairs for carrying them out, is not to be counted. The purchasers’ failure to mitigate their loss became irrelevant when the right of rejection was used. There is no requirement that the exercise of the right of rejection should be subject to any condition of reasonableness.

Lady Justice Hale The Vice-Chancellor Lord Justice Dyson
[2003] EWCA Civ 320, Times 14-Apr-2003, Gazette 22-May-2003, [2003] 2 Lloyd’s Rep 32
Bailii
Sale of Goods Act 1979 13(1) 14(2)
England and Wales
Citing:
CitedKwei Tek Chao v British Traders and Shippers QBD 1954
In testing whether a buyer of goods has acted inconsistently with the rights of the seller so as to lose the right of rejection where as in this case, property in the goods has passed to the buyer, the ownership of the seller with which the buyer . .
CitedBernstein v Pamson Motors (Golders Green) Ltd QBD 1987
A car had been delivered to the buyer three weeks before the purported rejection. In the interval the purchaser had driven it 140 miles.
Held: The nature of the particular defect, discovered ex post facto, and the speed with which it might . .
Appeal fromClegg and Another v Andersson (Trading As Nordic Marine) QBD 21-May-2002
. .

Cited by:
CitedJ and H Ritchie Ltd v Lloyd Ltd HL 7-Mar-2007
The appellants had bought a seed drill from the respondents. It had been repossessed but sold as near new. A fault was noticed after two days use, and it was returned. The defendants repaired it without agreeing this with the appellant, and then . .

Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 20 December 2021; Ref: scu.179774

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 2014

ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective judicial protection – Equality of arms

Nils M Wahl AG
[2014] EUECJ C-169/14 – O, C-169/14
Bailii
Directive 93/13/EEC
Citing:
OrderSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 5-Jun-2014
(Order Of The Court) . .

Cited by:
PositionSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 17-Jul-2014
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 18 December 2021; Ref: scu.535387

Commission v Belgium: ECJ 10 Jul 2014

ECJ Judgment – Failure of a Member State to fulfil obligations – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Complete harmonisation – Exclusion of the professions, dentists and physiotherapists – Restriction or prohibition of certain types of itinerant trading activities

Ilesic P
C-421/12, [2014] EUECJ C-421/12
Bailii
Directive 2005/29/EC

European, Consumer

Updated: 16 December 2021; Ref: scu.534094

Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007

The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum set by its contract. The defendant said that the claimant had been involved in the art trade and knew of the use of such terms. The claimant said he had not been sent a copy of them.
Held: There was no course of trading between the parties so as to demonstrate that British Crane should be applied and the defendant’s standard terms incorporated. Had the terms been incorporated and the claimant notified, the defendant may have been able to rely on the clause. The evidence was that the work was lost in approximately September 2004, and it should be valued at at date, but consequential damages also awarded for the expected further increase in value to the date of judgment.

[2007] EWHC 541 (QB)
Bailii
Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulations 1999, Torts (Interference with Goods) Act 1977
England and Wales
Citing:
CitedBritish Crane Hire v Ipswich Plant Hire CA 13-Nov-1973
Lord Denning MR said: ‘I would not put it so much on the course of dealing, but rather on the common understanding which is to be derived from the conduct of the parties, namely, that the hiring is to be on the terms of the plaintiff’s usual . .
CitedMcCutcheon v David MacBrayne Ltd HL 21-Jan-1964
The appellant had asked his brother-in-law to have a car shipped from Islay to the mainland. The appellant had personally consigned goods on four previous occasions. On three of them he was acting on behalf of his employer; on the other occasion he . .
CitedLaceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another CA 18-Apr-1997
The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts . .
CitedSinger Co (UK) Ltd v Tees and Hartlepool Port Authority 1988
The court upheld under the 1977 Act a clause which limited a port authority’s liability to andpound;800 per ton of consignment. Other factors were relevant but ‘The way in which the port authority’s general conditions came into being seems to me to . .
CitedFrans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight.
Held: There was a bailment . .
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .

Lists of cited by and citing cases may be incomplete.

Contract, Damages, Consumer

Updated: 10 December 2021; Ref: scu.250625

Office of Fair Trading v Lloyds TSB Bank PlC and Others: HL 31 Oct 2007

The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial situation did not apply where the creditor was within the UK. Section 75(2) is therefore an inadequate basis for implying a limitation in the scope of section 75(1). Even at the time of the Act it was anticipated that such arrangements may involve a foreign aspect.

Lord Hoffmann , Lord Hope of Craighead , Lord Walker of Gestingthorpe , Lord Brown of Eaton-under-Heywood, Lord Mance
[2007] UKHL 48, [2007] 3 WLR 733
Bailii
Consumer Credit Act 1974 75(1) 75(2)
England and Wales
Citing:
CitedEx parte Blain; In re Sawers CA 1-Aug-1879
Where legislation regulates the conduct of an individual, it may be so construed as to limit it to conduct by United Kingdom citizens anywhere.
James LJ referred to ‘broad, general, universal principle that English legislation, unless the . .
CitedClark (Inspector of Taxes) v Oceanic Contractors Inc HL 16-Dec-1982
HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and . .
CitedRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedEnglish v Donnelly 1958
An agreement to subject to a foreign law a relationship which is in all other respects domestic equates with or is analogous to a contrary agreement. . .
At First InstanceOffice of Fair Trading v Lloyds TSB Bank Plc and others ComC 12-Nov-2004
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad. . .
Appeal fromOffice of Fair Trading v Lloyds TSB Bank Plc and others CA 22-Mar-2006
The OFT appealed a decision denyng that a credit card issuer had connected lender liability in respect of purchase by card holders abroad.
Held: The company took the benefit of having its card accepted by suppliers abroad, and therefore also . .
CitedQuintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .

Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 10 December 2021; Ref: scu.260311

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014

(Order Of The Court)

C-169/14, [2014] EUECJ C-169/14, ECLI: EU: C: 2014:1388
Bailii
Cited by:
OrderSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling . .
OrderSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 17-Jul-2014
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 04 December 2021; Ref: scu.526688

Penal procedure against D, G: ECJ 12 Jun 2014

(Advocate General’s Opinion) Medicinal products for human use – Directive 2001/83 / EC – Scope – Interpretation of the concept of’ medicinal product by function ‘- Scope of the criterion relating to the ability to modify physiological functions – Herbal product And synthetic cannabinoids marketed exclusively for recreational purposes – No medical or therapeutic benefit – Inclusion

C-358/13, [2014] EUECJ C-358/13 – O
Bailii
European
Cited by:
OpinionPenal procedure against D, G ECJ 10-Jul-2014
ECJ Medicinal products for human use – Directive 2001/83/EC – Scope – Interpretation of the concept of ‘medicinal product’ – Scope of the criterion based on the capacity to modify physiological functions – Herb . .

Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 04 December 2021; Ref: scu.526676

Jet2Com Ltd v Huzar: CA 11 Jun 2014

The claimant passenger complained that he had not been compensated as required when his flight was delayed. The airline now appealed against a decision that a mechanical fault in the aircraft did not amount to exceptional circumstances so as to excuse the airline form paying compensation.
Held: The appeal failed. There was no explicit definition of ‘exceptional circumstances’ within the regulation, but some assistance was given. Furthermore, the European Court had in the case of Wallentin-Hermann stated that mechanical failures were part of the business of a carrier for which it provided, for example routines of maintenance.

Laws, Elias, Gloster LJJ
[2014] EWCA Civ 791
Bailii
Regulation (EC) 261/2004
England and Wales
Citing:
CitedSturgeon and Others v Condor Flugdienst GmbH ECJ 2-Jul-2009
Opinion (Joined cases) – Air transport – Distinction between the notions of ‘delay’ and ‘cancellation’ . .
CitedFinnair Oyj v Lassooy ECJ 4-Oct-2012
ECJ Air transport – Regulation (EC) No 261/2004 – Compensation for passengers in the event of denied boarding – Concept of ‘denied boarding’ – Exclusion from characterisation as ‘denied boarding’ – Cancellation . .
AppliedWallentin-Hermann v Alitalia Linee Aeree Italiane SpA ECJ 22-Dec-2008
ECJ Carriage by air Regulation (EC) No 261/2004 Article 5 – Compensation and assistance to passengers in the event of cancellation of flights Exemption from the obligation to pay compensation Cancellation due to . .

Lists of cited by and citing cases may be incomplete.

Transport, Consumer, European

Updated: 04 December 2021; Ref: scu.526424

Ehrmann AG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV: ECJ 10 Apr 2014

ECJ Reference for a preliminary ruling – Consumer information and protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Labelling and presentation of those foods – Article 10(2) – Temporal application – Article 28(5) and (6) – Transitional measures

L. Bay Larsen, P
C-609/12, [2014] EUECJ C-609/12
Bailii
Regulation (EC) No 1924/2006

European, Consumer

Updated: 02 December 2021; Ref: scu.523685

British Telecommunicatons Plc v Office of Communications and Others: CA 17 Feb 2014

The appellant challenged challenged the imposition of certain conditions on its licence under the 2003 Act. The Office had acted to seek to prevent acts prejudicial to consumers.
Held: The appeal succeeded. The Office of Communications had jurisdiction under the section to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.

Arden, Aikens, Vos LJJ
[2014] EWCA Civ 133, [2014] WLR(D) 79
Bailii, WLRD
Communications Act 2003 316
England and Wales

Licensing, Consumer

Updated: 29 November 2021; Ref: scu.521297

4Finance (Advocate General’S Opinion): ECJ 19 Dec 2013

ECJ Opinion – Consumer protection – Unfair business-to-consumer commercial practices – Pyramid scheme – Whether consumers must give consideration to enter a pyramid scheme – Whether there is a link between consideration given by new entrants and compensation paid to existing members – Whether the amount of consideration is relevant

Sharpston AG
C-515/12, [2013] EUECJ C-515/12, [2014] EUECJ C-515/12
Bailii, Bailii

European, Consumer

Updated: 28 November 2021; Ref: scu.519459

Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

Application by the joint administrators of LSF for directions arising out of loan agreements made or acquired by LSF before the administration began, under which secured loans were made to consumers but which were unenforceable because they contravened provisions of the Consumer Credit Act 1974.
Held: The phrase ‘realisation of the security’ in section 106, is to be interpreted conventionally to achieve the policy objective (section 113) that the security provided under the regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In a secured loan to which section 106(d) applied, the provisions did not catch all sums paid by the debtor in discharge of the loan.

Sir Terence Etherton Ch
[2013] EWHC 4047 (Ch), [2013] WLR(D) 498, [2014] Bus LR 424, [2013] CTLC 231
Bailii, WLRD
Insolvency Act 1986, Consumer Credit Act 1974 106(d)

Insolvency, Consumer, Banking

Updated: 27 November 2021; Ref: scu.519223