Shropshire County Council (David Walker) v Simon Dudley Limited: Admn 17 Dec 1996

A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant on four informations alleging an unlawful supply of goods. The defendant had tendered successfully to a specification to supply a fire engine. Modifications of the specification were agreed, but the engine supplied matched neither specification.
Held: The supplier could be taken to have accepted a duty to supply the goods as described, and the representation as to his ability to make the supply continued at the time of supply.

Judges:

Hooper J

Citations:

Times 03-Jan-1997, [1996] EWHC Admin 376

Links:

Bailii

Statutes:

Trade Descriptions Act 1968 1(1)(b) 4(3)

Citing:

CitedCavendish Woodhouse Ltd v Wright 8-Mar-1985
If a salesman in a shop makes representations to say that he could supply goods identical to a sort described, the description becomes attached to the goods delivered for the purposes of the Act, and if it is false, it is a false description. The . .
CitedBeckett v Cohen QBD 1972
. .
CitedBritish Airways Board v Taylor HL 1976
Lord Wilberforce said: ‘My Lords, the distinction in law between a promise as to future action, which may be broken or kept, and a statement as to existing fact, which may be true or false, is clear enough. There may be inherent in a promise an . .
CitedRegina v Ford Motor Company Limited QBD 1974
The alleged false trade description was that a car supplied to a garage was ‘new’, as ordered from Fords.
Held: (Appeal allowed on other grounds) The effect of the order was that Parkway was seeking the supply from Fords of a ‘new vehicle’. . .
CitedLouis C Edwards (Manchester) Limited v Charles Miller CA 1981
A local County Council asked for tenders for meat. It specified the maximum depth of subcutaneous fat of pork. A school cook ordered pork without making any reference to the depth of the fat. A quantity of pork was thereafter delivered. The pork did . .
CitedDenard v Smith and Dixons QBD 1991
A Christmas Dixons were offering, both in their brochures and by a placard in the store, a computer, joystick and four software packages, including Nintendo games, all for andpound;149.95. A Mrs Grover decided to buy this from Dixons, her son being . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer, Contract

Updated: 25 May 2022; Ref: scu.136924

Dimond v Lovell: CA 29 Apr 1999

Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and the payment of the hire charge was postponed until after its conclusion. Mr Lovell’s insurance company refused to pay the cost of the replacement vehicle on the basis that the agreement under which Mrs Diamond had hired it was a regulated agreement within the meaning of the CCA and did not contain the particulars that the Act required. Consequently the agreement was unenforceable, and Mrs Dimond could not be required to pay for the hired vehicle and had therefore suffered no loss. Resolution of this issue turned on whether the hire company had provided Mrs Dimond with credit.
Held: An arrangement loaning a car and postponing payment of hire charges until settlement of a damages claim was a consumer hire agreement. If made by unregulated person, it was unlawful, and the cost of hire was irrecoverable.

Judges:

The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge

Citations:

Times 03-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1311, [2000] QB 216, [1999] RTR 297, [1999] 3 WLR 561, [1999] 3 All ER 1, [1999] CCLR 46

Links:

Bailii

Statutes:

Consumer Credit Act 1974, Consumer Credit (Exempt Agreements) Order 1989 3(1)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Miller CACD 1977
. .
CitedHussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
CitedHodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .

Cited by:

Appeal fromDimond 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.
CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
Lists of cited by and citing cases may be incomplete.

Consumer, Damages, Road Traffic

Updated: 23 May 2022; Ref: scu.136044

Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000

The defendant company sought to rely upon an exemption clause.
Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the Canada Steamship case, and the controversial third test could be ignored.

Citations:

[2000] EWHC Technology 66

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

CitedGillespie Bros and Co Ltd v Roy Bowles Transport Ltd CA 1973
The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . . .
CitedLamport and Holt Lines v Coubro, The Raphael CA 1982
The court considered how it should treat the construction of a contractual clause claiming that one party should be exempt from liability for its own negligence: ‘Thus, if an exemption clause of the kind we are considering excludes liability for . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedE E Caledonia Ltd v Orbit Valve Plc CA 30-May-1994
A clause providing for an indemnity against any claim arising from the manner of performance was not to be construed to cover negligence. ‘The printed conditions in the agreement in this case were plainly drafted by a lawyer. Why was an express . .
CitedE E Caledonia Ltd v Orbit Valve Plc QBD 1994
A clause which gave an indemnity against any claim arising from the manner of performance of the contract by one party was not to be construed to exempt negligence: ‘The principle is that in the absence of clear words the parties to a contract are . .
CitedIndustrie Chimiche v Nea Ninemia Shipping 1983
Construction of exemption clause in time charterparty: ‘Since it is inherently improbable that one party to a contract should intend to absolve the other party from the consequences of the latter’s own negligence, the court will presume a clause not . .
CitedSmith v UMB Chrysler (Scotland) Ltd HL 9-Nov-1977
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.
Lord Keith of Kinkel said: The tests were . .
CitedWalters v Whessoe CA 1968
The court looked at clauses exempting a party from liability for negligence.
Sellers LJ said: ‘It is well established that indemnity will not lie in respect of loss due to a person’s negligence or that of his servants unless adequate or clear . .
LimitedCanada Steamship Lines Ltd v The King PC 21-Jan-1952
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene . .
CitedHollier v Rambler Motors (AMC) Ltd CA 19-Nov-1971
The plaintiff left his car with the defendant garage for repair. Whilst there it was substantially damaged by fire. The defendant sought to rely upon their terms which would negative liability, saying that the terms had been incorporated by . .
MentionedLamport and Holt Lines v Coubro and Scrutton (M and I) Ltd, (The Raphael) 1982
. .
Lists of cited by and citing cases may be incomplete.

Contract, Construction, Consumer

Updated: 23 May 2022; Ref: scu.135712

Ronald and John Popely and Another v D G Scott (Kent County Council): Admn 21 Dec 2000

This was an appeal by way of case stated. The appellants were alleged to have offered timeshare contracts without notification of cancellation rights. A director claimed he was unfit to attend, but the trial proceeded in his absence. He had, the day before, attended a conference with counsel.
Held: Given the medical evidence before them, the magistrates should undoubtedly have allowed an adjournment. The schemes had been constructed so that the purchaser bought shares in a company rather than simply a timeshare. However the magistrates were correct to conclude that this was a timeshare agreement dressed as a share agreement. The magistrates had not effectively considered the opinions of counsel obtained by the respondent and which were capable of establishing a due diligence defence.

Judges:

Lord Justice Rose And The Hon Mrs Justice Rafferty

Citations:

[2000] EWHC Admin 441

Links:

Bailii

Statutes:

Timeshare Act 1992, Magistrates Courts Act 1980 8 11

Jurisdiction:

England and Wales

Citing:

CitedRegina v Bolton Magistrates’ Court, ex parte Merna; Regina v Richmond Justices, ex parte Haines 1991
The divisional court should intervene where a defendant has been deprived of a fair opportunity to present his case because of his own unavoidable absence. . .
CitedRegina v Chippenham Justices ex parte Harris QBD 28-Jan-1994
. .
CitedRegina v Birmingham City Magistrates’ Court ex parte David Frank Booth Admn 12-May-1999
. .
Lists of cited by and citing cases may be incomplete.

Magistrates, Consumer, Land

Updated: 23 May 2022; Ref: scu.135629

Hayward v Norwich Union Insurance: CA 22 Feb 2001

An insurance policy which exempted the company from liability when a car was stolen was phrased to apply ‘while the keys had been left in the car’ The claimant had been subject to a robbery whilst in the car, and been obliged to get out. The car was stolen. The court at first instance had construed the clause as including a requirement that the car be unattended. On appeal it was held that there was no possibility of importing such a condition. The clause was clear and had a clear and sensible purpose. . . . insurance policies are contracts to which the general rules of construction of contracts apply and that the starting point is that words are to be given their ordinary and natural meaning as understood from the background against which the words were used or the meaning which the document would convey to the reasonable man.’

Judges:

Peter Gibson LJ

Citations:

Times 08-Mar-2001, [2001] EWCA Civ 243, [2001] Lloyd’s Rep IR 410

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedMalekout v Allied Dunbar Assurance Plc CA 3-Feb-2004
The claimant appealed refusal of his claim under a Personal Retirement Policy. The issue was as to his right to a waiver of contributions benefit from inception or at all. He had been a dentist, but suffered an injury which became progressively more . .
Lists of cited by and citing cases may be incomplete.

Insurance, Consumer, Road Traffic

Updated: 23 May 2022; Ref: scu.135558

Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

The claimant, a customer of the defendant had been charged sums when he went overdrawn beyond his limit. He claimed that the sums were unlawful penalties under the Regulations. The bank said that it had refunded the charges. The claimant sought exemplary and aggravated damages.
Held: The claim should not proceed. The claimant had deliberately sought to prevent the bank repaying the charges, but the bank had repaid the sums deducted with additional sums. There was nothing in the bank’s behaviour to suggest a claim in tort which might found a claim for additional damages.
Pitchford J said: ‘The overriding objective requires the court to deal with a case proportionately, expeditiously and fairly and to allot to it an appropriate share of the court’s resources. It would be disproportionate, in my view, to permit this action to proceed to trial simply for the purpose of placing the bank and the claimant under the spotlight of publicity.’

Judges:

Pitchford J

Citations:

[2007] EWHC 2759 (QB)

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations 1999, Council Directive 93/13

Jurisdiction:

England and Wales

Citing:

CitedHM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
CitedDouglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
CitedGarden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
CitedVerein fur Konsumenteninformation v Karl Heinz Henkel ECJ 1-Oct-2002
Europa Brussels Convention – Article 5(3) – Jurisdiction in matters relating to tort, delict or quasi-delict – Preventive action by associations – Consumer protection organisation seeking an injunction to prevent . .
Lists of cited by and citing cases may be incomplete.

Banking, Contract, Consumer, Damages

Updated: 21 May 2022; Ref: scu.261576

Worsley v Tambrands Ltd: CA 3 Dec 1999

The claimant sought damages following injury after the use of tampons. The matters were all defended. The judge, in an attempt to restrict the costs, agreed to hear a preliminary issue as to the adequacy of the warnings given.
Held: Such decisions should only be interfered with where clearly wrong, but in this case, the issues could not be taken out of order, and the issue of causation was not settled.

Judges:

Ebsworth J

Citations:

Gazette 17-Dec-1999, Times 11-Feb-2000, [1999] EWHC 273 (QB), [2000] PIQR P95

Links:

Bailii

Statutes:

Consumer Protection Act 1987 1 3

Jurisdiction:

England and Wales

Litigation Practice, Consumer, Personal Injury

Updated: 20 May 2022; Ref: scu.90614

Woodchester Lease Management Services Ltd v Swayne and Co (A Firm): CA 26 Aug 1998

The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the amount incorrectly, and appealed.
Held: A notice under the Consumer Credit Act specifying an amount of arrears, and claiming default, had to specify the arrears accurately otherwise the customer would not properly know what to do to remedy the default: ‘The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffyd conveniently referred to as ‘the next step’. ‘ The notice was invalid.

Judges:

Kennedy LJ, Sumner J

Citations:

Times 29-Aug-1998, Gazette 26-Aug-1998, [1998] EWCA Civ 1209, [1999] 1 WLR 263

Links:

Bailii

Statutes:

Consumer Credit Act 1974 87(1) 88, Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561)

Jurisdiction:

England and Wales

Citing:

CitedFox v Jolly HL 1916
The House referred to a schedule of repair served on the tenant: ‘Now the schedule is attacked on several grounds. It is said that it does not tell the tenant what it is he ought to do in order to remedy the breach of which complaint is made. I am . .
CitedHandel v The City of London Brewery 1901
. .
CitedSilvester v Ostrowska 1959
A notice was served under section 146, and specified breaches of the covenant to repair and breach of a covenant against sub-letting. In fact there was no covenant against sub-letting in the lease.
Held: Having regard to earlier cases, the . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 20 May 2022; Ref: scu.90590

Wilson v First County Trust (2): CA 2 May 2001

Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s agreement did not correctly state the amount of credit, and the broker was prevented absolutely from enforcing the agreement. It was not that the broker was left entirely without rights by the Act, but that he was unable to enforce it through the courts.
Section 127(3) of the 1974 Act was incompatible with article 6 and with the pawnbroker’s rights under A1P1 and the court made a declaration of incompatibility under section 4 of the HRA to that effect.

Citations:

Times 16-May-2001, Gazette 14-Jun-2001, [2002] QB 74, [2001] EWCA Civ 633

Links:

Bailii

Statutes:

Consumer Credit Act 1974 8 127(3), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

ResumedWilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .

Cited by:

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 lender of its . .
Adjourned toWilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .
CitedX v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
CitedHand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Human Rights, Consumer

Updated: 20 May 2022; Ref: scu.90551

Wilson v First County Trust Ltd (1): CA 3 Nov 2000

The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and would be against the spirit of the Act,which was to protect consumers by making clear the true cost of borrowing. The Act made such an agreement entirely unenforceable, and the question arose as to whether the entire removal of the lenders’ rights in this way was proportionate in view of the deprivation of his human right to have the fairness of the loan reviewed by the court. ‘Nor should the decisions of courts and tribunals made before those sections had come into force be impugned on the ground that the court or tribunal was said to have acted in a way which was incompatible with Convention rights’.

Judges:

Sir Andrew Morritt V-C, Chadwick and Rix LJJ

Citations:

Gazette 18-Jan-2001, Times 06-Dec-2000, [2000] EWCA Civ 278, [2001] QB 407

Links:

Bailii

Statutes:

Consumer Credit Act 1974 127

Jurisdiction:

England and Wales

Citing:

Adjourned toWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .

Cited by:

ResumedWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
CitedSouthern Pacific Securities 05-2 Plc v Walker and Another SC 7-Jul-2010
The appellant borrowed a sum from the respondent under a fixed sum credit agreement. A broker administration fee had been advanced to facilitate the loan. The agreement recorded the ‘Amount of Credit’ net of the fee, and the ‘Total Amount Financed’ . .
See AlsoWilson v First County Trust CA 23-Nov-2000
. .
CitedBritish Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills Admn 20-Apr-2011
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to . .
Lists of cited by and citing cases may be incomplete.

Consumer, Financial Services, Human Rights

Updated: 20 May 2022; Ref: scu.90554

Sa Chaussure Bally v Ministry of Finance Belgium: ECJ 20 Sep 1993

The Vatable amount is based on what a purchaser pays ignoring any commissions.

Citations:

Ind Summary 20-Sep-1993, Times 22-Jul-1993, C-18/92, C-18/92, [1993] EUECJ C-18/92

Links:

Bailii

Cited by:

CitedRevenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Lists of cited by and citing cases may be incomplete.

VAT, Consumer, European, VAT

Updated: 20 May 2022; Ref: scu.88964

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

The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information as to price.
Held: The appeal was allowed. Looking at statements made in Parliament on the passing of the Act, it could be seen that employees as such were exempted from liability for statements made by their employers.

Judges:

Lord Griffiths, Lord Emslie, Lord Roskill, Lord Ackner, Lord Lowry

Citations:

Gazette 10-Feb-1993, [1993] WLR 1 HL, [1991] UKHL 11, [1993] AC 583, [1993] All ER 299

Links:

Bailii

Statutes:

Consumer Protection Act 1987 20(1)

Jurisdiction:

England and Wales

Citing:

CitedPepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 19 May 2022; Ref: scu.88271

Rahman v Sterling Credit Ltd: CA 17 Oct 2000

A lender sought repossession of a property securing a loan from 1998. The borrower sought to assert that the loan was an extortionate credit bargain under the Act. The lender asserted that that claim was out of time.
Held: A claim under a statute was an action upon a specialty, and that accordingly the limitation period applicable was twelve years, and the order was to stand.

Judges:

Simon Brown and Mummery LJJ

Citations:

Times 17-Oct-2000, Gazette 17-Aug-2000, [2000] EWCA Civ 222, [2001] 1 WLR 496

Links:

Bailii

Statutes:

Consumer Credit Act 1974, Limitation Act 1980

Jurisdiction:

England and Wales

Cited by:

CitedNolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation, Consumer

Updated: 19 May 2022; Ref: scu.85644

Price Meats Ltd v Barclays Bank Plc: ChD 30 Nov 1999

Although a customer always had a clear duty to inform its bankers of any forgery of which it was aware insofar as it related to dealings with the bank, that duty did not operate when the knowledge of the customer was only constructive and not actual. In this case the bank had become concerned and had warned the customer of the need to enquire as to the history of transactions, but such warning did not create an actual knowledge on the customers part of the reality of forgery eventually discovered.

Citations:

Times 19-Jan-2000, [1999] EWHC Ch 190

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Consumer

Updated: 19 May 2022; Ref: scu.85035

National Westminster Bank Plc v Story and Another: CA 7 May 1999

The court asked whether a series of smaller loans were governed by the 1974 Act. Three facilities had been provided under one loan agreement. 2 loans were held to be for unrestricted-use credit.
Held: Three credit agreements separately signed, but part and parcel of the same transaction counted as one aggregate transaction to determine whether or not any one of them was an agreement regulated under the Consumer Credit Act.
Auld LJ gave obiter guidance at on the application of section 18. The meaning of ‘part’ was not limited to a facility whose terms differed from another facility under the same agreement, but could include a separate facility under an agreement where the debtors’ use, or non-use, of it did not affect the contractual nature of the agreement as a whole, in particular, his entitlement to use those other facilities. ‘The main purpose of section 18 is to prevent frustration of the Act’s protection to borrowers by the artificial combination of two or more agreements in one so as to take the total credit negotiated above the limit qualifying for protection.’ and ‘Whatever the uncertainties as to the meanings of ‘part’ and ‘category’ of agreement under section 18, they do not require resolution in this case. My inclination, without formally deciding the matter, is that the word ‘part’ in this context includes, but is not restricted to, a facility that is different as to some of its terms from another facility granted under the same agreement or one that can stand on its own as a separate contract or bargain. However, I believe that it would accord with the ordinary and natural use of the word for it to have a broader application so as to include, as here, a separate facility provided with others under an agreement where, even if the facility as a contractual entitlement does not stand on its own, the debtor’s use, or non-use, of it does not affect the contractual nature of the agreement as a whole, in particular, his entitlement to use those other facilities.’

Judges:

Auld LJ, Lord Woolf MR and Robert Walker LJ

Citations:

Times 14-May-1999, Gazette 19-May-1999, [1999] EWCA Civ 1361, [1999] CCLR 70

Links:

Bailii

Statutes:

Consumer Credit Act 1974 18

Jurisdiction:

England and Wales

Cited by:

CitedHeath v Southern Pacific Mortgage Ltd ChD 29-Jan-2009
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section . .
CitedSouthern Pacific Mortgage Ltd v Heath CA 5-Nov-2009
The court considered the effect of an agreement within the 1974 Act falling into more than one category of agreement. Part was used to be used for the repayment of an existing mortgage (restricted use credit), and part was unrestricted. The question . .
Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 19 May 2022; Ref: scu.84222

Hichens v General Guarantee Corporation Ltd: CA 20 Feb 2001

The customer signed a hire-purchase contract and obtained confirmation of the leasing company’s agreement by telephone. She took delivery of the car, and sold it on immediately, and before the contract was signed by the finance company six days later. It was held that the company had completed the contract in the telephone call, and the signing was by way of confirmation. This was so particularly where the contract did not provide that it could only be created on the signing.

Judges:

Peter Gibson, Mummery, Rix LJJ

Citations:

Times 13-Mar-2001, [2001] EWCA Civ 359

Links:

Bailii

Statutes:

Hire Purchase Act 1964 24

Jurisdiction:

England and Wales

Consumer, Contract

Updated: 19 May 2022; Ref: scu.81398

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

A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to be completed was only one. In this case an offer to beat any other price offered locally was in fact intended to be limited in ways not indicated, and there were additional undisclosed terms and conditions. The notice was part of the entire interplay between the customer and shop, and was misleading.

Citations:

Times 23-Mar-2001, Gazette 11-May-2001

Statutes:

Consumer Protection Act 1987 20(1)

Media, Consumer, Crime

Updated: 19 May 2022; Ref: scu.80140

Director General of Fair Trading v First National Bank Plc: CA 15 Sep 1999

A bank had a clause in its standard terms which provided that it could continue to recover interest at the contract rate after judgment for default. The clause was an unfair term. The clause allowed a bank to impose an arrangement for repayment by instalments without the court having the opportunity to judge the level of such payments. The bank undertook to add information about the procedure and no injunction was given to prevent it relying upon the clause.
‘It is trite law in England that once a judgment is obtained under a loan agreement for a principal sum and judgment is entered, the contract merges in the judgment and the principal becomes owed under the judgment and not under the contract. If under the contract interest on any principal sum is due, absent special provisions the contract is considered ancillary to the covenant to pay the principal, with the result that if judgment is obtained for the principal, the covenant to pay interest merges in the judgment. Parties to a contract may agree that a covenant to pay interest will not merge in any judgment for the principal sum due, and in that event interest may be charged under the contract on the principal sum due even after judgment for that sum.’

Judges:

Peter Gibson, Waller and Buxton LJJ

Citations:

Times 21-Sep-1999, Gazette 15-Sep-1999, Gazette 17-Feb-2000, Times 14-Mar-2000, [2000] EWCA Civ 27, [2000] QB 672

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations 1994 (1994 No 3159)

Jurisdiction:

England and Wales

Citing:

Appeal fromDirector General of Fair Trading v First National Bank Plc ChD 30-Jul-1999
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. . .
CitedIn re Sneyd; Ex parte Fewings CA 1883
The mortgagee’s costs, whether costs of an enforcement or a redemption action or included in ‘costs, charges and expenses’, are not recoverable from the mortgagor personally, but both as against the mortgagor and other persons interested in the . .
CitedEaling London Borough Council v El Isaac CA 1980
Templeman LJ said: ‘I do not for myself understand how a debt payable with interest until actual repayment can be merged in a judgment without interest or with a different rate of interest payable thereafter.’ . .
CitedBank of Scotland v Davis SCS 1982
A bank’s borrower’s covenant to pay interest is ordinarily to be taken to continue until the full sum of principal is repaid, after as before judgment. An appeal was allowed from the order of the sheriff in an undefended action for repayment of a . .

Cited by:

Appeal fromDirector General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
CitedOffice of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 19 May 2022; Ref: scu.79974

Criminal Proceedings Against Goerres: ECJ 21 Aug 1998

Though national regulations could allow placement of label identifying foodstuffs by the product, it was insufficient compliance with European Directive. The ultimate consumer (not just purchaser) needed to be informed about the product.

Citations:

Times 21-Aug-1998

Statutes:

ECTreaty Art 177

Jurisdiction:

European

Consumer

Updated: 19 May 2022; Ref: scu.79660

Kenny v Conroy and Another: CA 27 Jan 1999

A court need only first see whether at the time of the loan, the party’s business was that of moneylender. If not, the court then investigates if the person held themselves out as carrying on such a business. Kennedy L.J: ‘. . . a licensed moneylender who sets up business with an office probably falls within section 6 of the Act of 1900 when he makes his first loan, even if he never makes another, because at the time when that loan was made his business was that of moneylending.’ Although the word ‘business’ may often denote a degree of repetition and continuity, it need not always do so.

Judges:

Kennedy LJ

Citations:

Times 27-Jan-1999, Gazette 17-Feb-1999, [1999] EWCA Civ 639, [1999] 1 WLR 1340

Links:

Bailii

Statutes:

Moneylenders Act 1900 6

Jurisdiction:

England and Wales

Citing:

CitedLitchfield v Dreyfus 1906
The plaintiff carried on business as an antique dealer, giving credit to customers and took bills from them in payment of amounts they owed for purchases, some of which he discounted and renewed from time to time. When he ceased business he sold his . .
CitedKirkwood v Gadd HL 1910
Under the 1900 Act, a moneylender was required to carry on his business only in his registered name and at his registered address.
Held: (Lord Atkinson) the words ‘carries on business’ implied a repetition of acts, and ‘Whether one isolated . .
CitedNewman v Oughton 1911
The plaintiff sought to execute a judgment against goods in the possession of a judgment debtor. The goods were claimed by a firm of pawnbrokers who said that they were included in a bill of sale granted to them. At the trial of the resulting . .
CitedStevenson and Another v Rogers CA 8-Dec-1998
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The . .

Cited by:

CitedGE Capital Bank Ltd v Rushton and Another CA 14-Dec-2005
The bank had entered into a master trading agreement with a trader under which the trader bought motor vehicles as agent for the bank for resale. The vehicles belonged to the bank. The defendant bought all the trader’s vehicles. The defendant now . .
Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 19 May 2022; Ref: scu.79460

Boyter v Thomson: HL 15 Jun 1995

The parties bought and sold a boat. It proved defective. The pursuer sought to rely on the 1979 Act to imply a covenant for fitness. The defender denied that the pursuer thought it a business purchase.
Held: A purchaser can rely on implied covenants against a vendor in business despite the vendor’s non-disclosure. A private seller is liable as if in business when goods were sold through a professional agent.

Judges:

Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead and Lord Hoffman

Citations:

Gazette 06-Sep-1995, Times 16-Jun-1995, [1995] UKHL 20, [1995] 3 WLR 36, [1995] 2 AC 628, [1995] 3 All ER 135, 1995 SC (HL) 15, 1995 SLT 875, 1995 SCLR 1009

Links:

Bailii

Statutes:

Sale of Goods Act 1979 14(2) 14(3) 14(5)

Jurisdiction:

Scotland

Contract, Consumer

Updated: 18 May 2022; Ref: scu.78532

Regina (London Borough of Tower Hamlets) v Christopher Steele: 2012

(Crown Court at Snaresbrook) The court acceded to the submission on trying a charge under the 2008 Regulations, that there was no case to answer in the context of a contract for building services with a consumer on the basis that such a contract did not fall within the definition of ‘commercial practice’ within the Regulations.

Judges:

Mr Recorder Lowe QC

Citations:

[2012] CTLC 109

Statutes:

Consumer Protection from Unfair Trading Regulations 2008

Cited by:

UnpersuasiveX Ltd, Regina v CACD 23-May-2013
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 18 May 2022; Ref: scu.510093

Financings Ltd v Baldock: CA 1963

The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
Held: Where an owner determines a hire purchase agreement in exercise of a right so to do given him by the agreement, in the absence of repudiation he can recover damages for any breaches up to the date of termination but not thereafter, and a ‘minimum payment’ clause which purports to oblige the hirer to pay larger sums than this is unenforceable as a penalty.
Lord Denning MR said: ‘Undoubtedly the cases in the past give rise to some conflict, and therefore I will try to state the matter on principle. It seems to me that when an agreement of hiring is terminated by virtue of a power contained in it, and the owner retakes the vehicle, he can recover damages for any breach up to the date of termination but not for any breach thereafter, for the simple reason that there are no breaches thereafter’. And ‘Seeing that they can no longer rely with any confidence on the ‘minimum payment’ clause, the owners have reverted recently to a claim for damages under the general law. But they can only do so, it seems to me, subject to the general principle which I have already stated, namely, that when they terminate the hiring and retake the vehicle, they can only get damages for any breaches up to the date of termination but not thereafter’.
Diplock L.J said: ‘In the present contract clause 8 itself merely defines a number of events, the occurrence of any one of which gives the owners an option to bring the contract to an end. Clause 11 purports to confer upon the owners other rights upon exercising their option to bring the contract to an end, but this clause is void as a penalty clause, at any rate in so far as it purports to confer rights upon the owners in the events which in fact gave rise to their right to bring the contract to an end, namely the hirer’s breach of contract in failing to pay two instalments of hire. The owners are, therefore, in my opinion, forced to rely upon their ordinary remedies for those breaches of contract which had accrued at the date when the contract was determined, viz., April 7, 1960.
I have already expressed my opinion that on that date the only causes of action which had accrued to the owners were for the two instalments due on February 25 and March 22, I960, then in arrear. There had on April 7, 1960, been no repudiation by the hirer of his contract and no fresh breach by him which went to the root of the contract so as to evince his intention no longer to be bound by it. The owners’ remedy is accordingly limited to recovery of the two instalments, together with interest thereon at the agreed rate of 10 per cent per annum from the dates they respectively fell due’.

Judges:

Lord denning MR, Diplock LJ

Citations:

[1963] 2 QBD 104, [1963] 1 All ER 443, [1963] 2 WLR 359

Jurisdiction:

England and Wales

Cited by:

DistinguishedLombard North Central v Butterworth CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
CitedPhones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
CitedPhones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 18 May 2022; Ref: scu.458601

First National Bank Plc v Syed: CA 1991

The court can exercise the supervisory jurisdiction over consumer contracts under the 1974 Act irrespective of any application made by a party.

Judges:

Dillon LJ, Ralph Gibson LJ

Citations:

[1991] 1 All ER 250

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

CitedNolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 18 May 2022; Ref: scu.304584

Allen v Redbridge London Borough Council: QBD 29 Jul 1993

Prices were sufficiently displayed with indicator by goods showing price, even though they were only visible with the help of staff. The 1991 order does not require the Purchaser to be able to see price label without help.

Citations:

Times 29-Jul-1993, Gazette 13-Oct-1993, Ind Summary 27-Sep-1993, Ind Summary 30-Aug-1993

Statutes:

Prices Act 1974 7 of Schd

Consumer

Updated: 17 May 2022; Ref: scu.77742

Pelman v McDonald’s Corporation: 1993

(United States District Court, S.D. New York,) Customers sued McDonald’s for the excess sale of fatty fast food products to children.
Held: The action was dismissed. the defendants owed no duty to warn consumers of the products’ well-known attributes, setting out the causes of action alleged by the plaintiffs, two of which were expressed in these terms: ‘Count III sounds in negligence, alleging that McDonalds acted at least negligently in selling food products that are high in cholesterol, fat, salt and sugar when studies show that such foods cause obesity and detrimental health effects. Count IV alleges that McDonalds failed to warn the consumers of McDonalds’ products of the ingredients, quantity, qualities and levels of cholesterol, fat, salt and sugar content and other ingredients in those products, and that a diet high in fat, salt, sugar and cholesterol could lead to obesity and health problems.’ As to count III, at ‘It is well-known that fast food in general, and McDonalds’ products in particular, contain high levels of cholesterol, fat, salt and sugar, and that such attributes are bad for one. . . If a person knows or should know that eating copious orders of super- sized McDonalds’ products is unhealthy and may result in weight gain (and its concomitant problems) because of the high levels of cholesterol, fat, salt and sugar, it is not the place of the law to protect them from their own excesses. Nobody is forced to eat at McDonalds. As long as a consumer exercises free choice with appropriate knowledge, liability for negligence will not attach to a manufacturer. […] Plaintiffs have failed to allege in the Complaint that their decisions to eat at McDonalds several times a week were anything but a choice freely made and which now may not be pinned on McDonalds.’

Judges:

District Judge Sweet

Citations:

237 F.Supp.2d 512 (S.D.N.Y.2003).

Jurisdiction:

United States

Cited by:

CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

International, Negligence, Consumer

Updated: 17 May 2022; Ref: scu.226711

George v Skivington: 1869

There was an injury to the wife, from a hair wash purchased under a contract of sale with the husband.
Held: The wife had a good cause of action. There was a duty in the vendor to use ordinary care in compounding the article sold, and that this extended to the person for whose use he knew it was purchased, and this duty having been violated, and he, having failed to use reasonable care, was liable in an action at the suit of the third person.

Citations:

(1869) L R 5 Ex 1, 39 LJ Ex 8, 21 LT 495

Jurisdiction:

England and Wales

Cited by:

ApprovedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Not followedBlacker v Lake and Elliot Ld HL 1912
A brazing lamp which, by exploding owing to a latent defect, injured a person other than the purchaser of it, and the vendor was held not liable to the party injured. The House considered earlier cases on liability for defectively manufactured . .
AppliedFrancis v Cockrell CEC 1870
The plaintiff was injured by the fall of a stand on a racecourse, for a seat in which he had paid. The defendant was part proprietor of the stand and acted as receiver of the money. The stand had been negligently erected by a contractor, though the . .
CitedCavalier v Pope HL 22-Jun-1906
The wife of the tenant of a house let unfurnished sought to recover from the landlord damages for personal injuries arising from the non-repair of the house, on the ground that the landlord had contracted with her husband to repair the house.
CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
CitedHeaven v Pender, Trading As West India Graving Dock Company CA 30-Jul-1883
Duty Arising to Use Ordinary Care and Skill
The plaintiff was a painter. His employer engaged to repaint a ship, and the defendant erected staging to support the work. The staging collapsed because one of the ropes was singed and weakened, injuring the plaintiff.
Held: The defendant had . .
Lists of cited by and citing cases may be incomplete.

Negligence, Consumer

Updated: 16 May 2022; Ref: scu.192601

Eastern Distributors Limited v Goldring (Murphy, Third Party): CA 1957

The court considered the meaning of the phrase: ‘shall not be entitled to enforce’ in the section.
Held: ‘How is the present case affected by the fact that the hire-purchase agreement is unenforceable? If the Act said that it was void, then of course the character of Murphy’s possession could not be altered by it. But the Act says merely that it is to be unenforceable. This must mean that it is effective to alter the rights of the parties but that the altered rights cannot be enforced.’

Citations:

[1957] 2 QB 600

Statutes:

Hire-Purchase Act 1938 2(2)

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 15 May 2022; Ref: scu.375745

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

The intention of the section was to catch those traders who sought to change the price of goods after a customer had been persuaded to enter into a purchase. Where a shop made a promise to refund the difference between the price offered and the price of similar goods available elsewhere, but failed to meet that promise, the section did not bite.

Citations:

Gazette 22-Mar-2001, Times 18-Feb-2001

Statutes:

Consumer Protection Act 1987 20(2)

Jurisdiction:

England and Wales

Crime, Consumer

Updated: 15 May 2022; Ref: scu.83079

Citibank International Plc v Schleider et Al: ChD 26 Mar 1999

The purpose of the section was to prevent a lender using a second collateral agreement to circumvent the provisions of the Act restricting his freedom to include provisions detrimental to the borrower in the main agreement.

Citations:

Times 26-Mar-1999

Statutes:

Consumer Credit Act 1974 113(8)

Consumer, Banking

Updated: 15 May 2022; Ref: scu.79143

Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000

A hire agreement provided that after the payment of substantial sums over the period of hire, the hirers could exercise an option to purchase the equipment for fifty pounds. They purported to sell the equipment before the end of the lease, but the question arose of whether they could give good title.
Held: However likely it was that the option would be exercised, there was no obligation on the hirer to exercise it, and there was therefore no binding agreement to buy, and he could not give good title, despite having possession of the equipment.

Citations:

Times 21-Mar-2000, Gazette 23-Mar-2000

Statutes:

Sale of Goods Act 1979 25(1)

Consumer, Contract, Commercial

Updated: 15 May 2022; Ref: scu.79231

Holmes v Ashford: CA 1950

A hairdresser treated the plaintiff’s hair with a dye, and as a result the plaintiff contracted dermatitis. The dye came to the hairdresser in labelled bottles together with instructions. Both the labels and the brochure warned that the dye might be dangerous to certain skins, and recommended a test before it was used. The hairdresser had read the labels and the brochure and was aware of the danger, but he made no test and did not warn the plaintiff. The plaintiff claimed damages against the hairdresser and the manufacturers, and was awarded judgment against both. The manufacturers appealed.
Held: A manufacturer who puts a dangerous article on the market must take reasonable steps to prevent any person coming into contact with it from being injured, but it was not necessary in every case that precautions should be taken to ensure that the ultimate recipient of the article was warned of the danger; the manufacturers had given the hairdresser a warning which was sufficient to intimate to him the potential danger of the dye, and it was not necessary that they should have warned the plaintiff; and, therefore, they had discharged the duty which was on them.
Tucker LJ said: ‘A number of authorities have been cited to us by counsel for the plaintiff in support of the proposition that a manufacturer who puts a dangerous article on the market must take reasonable precautions to ensure that the ultimate recipient is warned of the danger. I think that that is not the correct way of stating the proposition. Every person who puts on the market a dangerous article (and the learned judge has found this to be a dangerous article) must take reasonable steps in all the circumstances. This is not an article the nature of which can be ascertained by intermediate examination, and, therefore, it is an article which requires some warning. The question in this case is: Was the warning attached to this bottle a sufficient and adequate warning to be given in cases where the material is supplied to hairdressers for use on their customers? We must presume that the material is supplied to reasonable people, and the first defendant has said that he read the warning, appreciated what it meant, and ignored it. I find it, therefore, impossible to hold that the warning which was, in fact, given in the present case was insufficient.’

Judges:

Tucker LJ

Citations:

[1950] 2 All ER 76

Jurisdiction:

England and Wales

Cited by:

CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
CitedLewis v University of Bristol and Ultra Violet Products Ltd CA 14-Jun-1999
The plaintiff was a research assistant employed by the defendant. She was an experienced molecular biologist, and was using an ultra violet transilluminator to photograph DNA gel in a laboratory when she was exposed to an excessive dose of ultra . .
Lists of cited by and citing cases may be incomplete.

Consumer, Negligence

Updated: 13 May 2022; Ref: scu.226704

Denard v Smith and Dixons: QBD 1991

A Christmas Dixons were offering, both in their brochures and by a placard in the store, a computer, joystick and four software packages, including Nintendo games, all for andpound;149.95. A Mrs Grover decided to buy this from Dixons, her son being particularly interested in Nintendo games. She paid a deposit on 12th December. She returned a few days later to take delivery. On getting home she found that three of the software packages were not there, including the Nintendo games. At some point on the 12th Dixons had apparently run out of those three software packages. It was submitted on behalf of Dixons that the trade descriptions were true when the placards were put up and the fact that they ran out of stock thereafter did not make the trade descriptions false. ‘This was not, as in the case of the corner table in the Cavendish Woodhouse case, a simple failure ‘to deliver one or more of the elements contracted for, because during the relevant days the respondents, in the knowledge that they had no stock of items 3-5, were offering and supplying a package which customers understood contained everything described on the placard.’ The trade description became false sometime on 12th December and remained so at the time that Mrs Grover had taken delivery.

Judges:

Watkins LJ and Hutchinson J

Citations:

[1991] Tr LR 89

Citing:

CitedCavendish Woodhouse Ltd v Wright 8-Mar-1985
If a salesman in a shop makes representations to say that he could supply goods identical to a sort described, the description becomes attached to the goods delivered for the purposes of the Act, and if it is false, it is a false description. The . .

Cited by:

CitedShropshire County Council (David Walker) v Simon Dudley Limited Admn 17-Dec-1996
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 13 May 2022; Ref: scu.194023

Coppen v Moore (No 2): 1898

Section 2(2) of the 1887 Act made it an offence to sell or expose for sale goods to which a forged trade mark or false description was applied unless the alleged offender could prove what amounted to due diligence. Salesmen at one of the appellant’s shops sold American Ham as Scotch Ham, despite instructions from the appellant to branch managers that breakfast hams should only be sold as such, without reference to any place of origin. He was nevertheless convicted. It was contended on his behalf that he should not be held criminally liable for the unauthorised acts of his servants.
Held: ‘In our judgment it was clearly the intention of the Legislature to make the master criminally liable for such acts, unless he was able to rebut the prima facie presumption of guilt by one or other of the methods pointed out in the Act. Take the facts here, and apply the Act to them. To begin with, it cannot be doubted that the appellant sold the ham in question, although the transaction was carried out by his servants. In other words, he was the seller, although not the actual salesman.’

Judges:

Lord Russell CJ

Citations:

(1898) 2 QB 306

Statutes:

Merchandise Marks Act 1887

Cited by:

CitedNottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed.
Held: The owner was liable. The words of the Act must be given their ordinary and natural . .
Lists of cited by and citing cases may be incomplete.

Consumer, Intellectual Property

Updated: 12 May 2022; Ref: scu.188662

Sonicare International Limited v East Anglia Freight Terminal Limited: 1997

When looking at the reasonableness of a clause limiting rather than excluding of liability, the size of the limit compared with other limits in widely used standard terms may be relevant.

Judges:

Judge Hallgarten QC

Citations:

[1997] 2 Lloyds Rep 48

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Cited by:

CitedOverseas Medical Supplies Limited v Orient Transport Services Limited CA 20-May-1999
The appellant challenged a finding that it was responsible for the loss of medical equipment being transported from Tehran to the UK, and of failing to insure it as required, the contractual term exempting it from responsibility being an . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 12 May 2022; Ref: scu.187459

Zoan v Rouamba: CA 7 Mar 2000

A document could not be construed other than in its clear words even though one party had clearly intended the result sought. A hire agreement would be unenforceable under the Act, depending upon whether payments were made within a year of the agreement. A payment on the day after could not be included, the agreement was not exempt, and being wrongly executed, was unenforceable, and its cost was not recoverable from another party after an accident.

Citations:

Times 07-Mar-2000, [2000] 1 WLR 1500

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

CitedThew v Cole; King v Daltray CA 16-Dec-2003
Issues arose as to whether car hire agreements were exempt from regulation under the Act. They provided that payment was to be made in 12 months ‘from the start of the agreement’.
Held: The first question was whether the time by which the . .
Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 11 May 2022; Ref: scu.90690

Wings Ltd v Ellis: QBD 1984

Mann J said: ‘The most that could be said for the respondent is that the members of this class [those ruling the company], although establishing a system, failed to establish a system which would have prevented the mistake which occurred. That failure cannot, in our judgment, constitute ‘recklessness’. There may be cases where the system is such that he who establishes it could not be said to be having regard to the truth or falsity of what emerged from it, but that is not this case.’

Judges:

Mann J

Citations:

[1984] 1 All ER 1046, [1984] 1 WLR 731

Statutes:

Trade Descriptions Act 1968

Jurisdiction:

England and Wales

Cited by:

CitedDirector of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest Admn 8-Jun-2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 11 May 2022; Ref: scu.443298

A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc: CA 10 Jan 2001

The claimants alleged that they had suffered loss as a result of the defendants’ breach of regulation 25(1) of the 1988 Regulations.
Held: The statutory power of an electricity supplier, to exclude by contract his own liability for consequential losses, arising from a failure in supply, was restricted to losses flowing from power interruptions, and did not extend to losses arising from its negligence in installing equipment. The section was ambiguous, and Pepper v Hart was properly used to seek support. Parliamentary debates were quite clear as to the purpose of the section.

Judges:

May LJ, Laws LJ, Lord Phillips MR

Citations:

Times 10-Jan-2001, Gazette 01-Feb-2001, [2001] EWCA Civ 312, [2001] 1 WLR 281

Links:

Bailii

Statutes:

Electricity Act 1989 21, Electricity Supply Regulations 1988 (SI 1988 no 1057) 25(1)

Jurisdiction:

England and Wales

Citing:

Appeal fromA E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc QBD 2000
The claimants alleged that they had suffered loss as a result of the defendants’ breach of regulation 25(1) of the 1988 Regulations. . .

Cited by:

CitedMorrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Consumer, Utilities

Updated: 10 May 2022; Ref: scu.77575

Bexley London Borough Council v Gardner Merchant plc: QBD 1993

The local authority brought complaint against the company that they failed to supply appropriate wash hand basins for staff near working areas. A number of notices were served each of which specified measures which should be taken. The appellants sought to impugn the notices on a series of grounds for non-compliance with the provisions of section 10. Section 39 of the 1990 Act contains provisions for appeal to the court and which empowered the court ‘to cancel or affirm the notice and, if it affirms it may do so either in its original form or with such modifications as the court may in the circumstance think fit’.
Held: Having referred to a series of decisions of the court on Enforcement notices under planning regulations: ‘Accepting that guidance from the authority, it may be observed that the overall effect, in particular of Lord Denning’s statement of the correct approach, differs very little from the wording of paragraph 22 of the Codes of Practice. Whether one applies that paragraph of the Code as a statutory requirement which in the circumstances one is probably bound to do or whether one applies the common law approach as described by Lord Denning the question is this: does the notice enable the recipient to know what is wrong and why it is wrong? The requirement is that the notice should be clear and easily understood.’ Dealing with the question of amendment of the notice by the justices: ‘The first question, therefore, is whether the notice is one that should stand or not and, in a case such as the present where, as in my judgment, the notice is not in accordance with the statute, it follows that it is a case for cancellation, and unless the notice is affirmed no question of modifying or amending it can arise. It is possible to easily envisage cases where notices might be varied and affirmed but where the magistrates after hearing the appeal and no doubt hearing evidence, might differ from the authority as to what requirements the notice should contain . . . Suffice it to say for present purposes that in my judgment there is no basis in law that the authority can ask for the notices to be modified or amended so as to lead to their being upheld rather than declared invalid . . .’

Judges:

Evans LJ

Citations:

[1993] COD 383

Statutes:

Food Safety Act 1990 10 39

Cited by:

CitedBT Fleet Ltd v McKenna Admn 17-Mar-2005
The company appealed a notice requiring them to avoid th eneed for its employees to carry out manual handling operations.
Held: The notice was inadequate, and the magistrates had been wrong to try to improve it by adding to it. The inspector . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 09 May 2022; Ref: scu.224052

Norman Hudson v Shogun Finance Ltd: CA 28 Jun 2001

A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back.
Held: The dealer had not taken all the steps he might have done to check the identity of the buyer, but Cundy v Lindsay was binding, and the innocent purchaser had not obtained any title. The Act did not operate to protect him unless the rogue had been a debtor under the Act. The person whose signature had been forged could not be sued under the finance agreement. The rogue was not the hirer named in the agreement. The dealer was not the agent of the finance company, since he had no authority to make an agreement on their behalf. It was therefore impossible to apply the ‘face to face’ principle to suggest the contract was made with the rogue who presented himself at the showroom.

Judges:

Lord Justice Brooke, Lord Justice Sedley, Lord Justice Dyson

Citations:

Times 04-Jul-2001, [2001] EWCA Civ 1000

Statutes:

Hire Purchase Act 1964 27, Consumer Credit Act 1974 Sch 4 Para 22

Jurisdiction:

England and Wales

Citing:

Appealed toShogun Finance Limited v Hudson HL 19-Nov-2003
Thief acquired no title and could not sell
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car.
Held: (Lords Nicholls and Millett . .
AppliedCundy v Lindsay HL 1878
Cundy was asked to pay the linen manufacturers Lindsay and Co for 250 dozen cambric handkerchiefs which he had acquired from a crook who had acquired them from Lindsay by pretending to be the respectable business firm of Blenkiron.
Held: A . .
CitedKing’s Norton Metal Co Ltd v Edridge Merrett and Co Ltd CA 1879
A crook ordered some brass rivet wire from a metal manufacturer. On his stationery he represented falsely that he was in business in a big way, running a large factory and having several depots and agencies. The manufacturer supplied the goods but . .
CitedRe De Leeuw, Jakens v Central Advance and Discount Corporation Chd 1922
A deed which bears a false signature is a forgery and creates no rights whatever.
Where a party sues as trustee a judgment in the proceeding shall bind the persons having a beneficial interest under the trust as it does the trustee. . .
CitedGallie v Lee CA 1969
A deed bearing a false signature is a forgery and creates no rights at all. ‘If the deed was not his deed at all (non est factum), he is not bound by his signature any more than he is bound by a forgery. The document is a nullity just as if a rogue . .
CitedIngram v Little 27-Jul-1960
Two ladies had a car for sale. A buyer came along. He fooled them into believing him to be someone else, and they sold him the car, after checking the name in the telephone directory. Before the cheque bounced, the rogue sold the car to the . .
CitedBranwhite v Worcester Works Finance Ltd HL 1969
A dealer may for some ad hoc purpose be the agent of a finance company. In relation to a purchase of a motor vehicle through a motor dealer, where the prospective purchaser completes an application for hire purchase in the office of the motor . .
CitedMercantile Credit Co Ltd v Hamblin CA 1964
Pearson LJ said: ‘There is no rule of law that in a hire purchase transaction the dealer never is, or always is, acting as agent for the finance company or as agent for the customer.Nevertheless, the dealer is to some extent an intermediary between . .
CitedLewis v Averay CA 22-Jul-1971
A private seller had parted with his car in return for a worthless cheque to a rogue who persuaded him that he was the well-known actor who played Robin Hood on television, and who sold it on to the defendant.
Held: ‘When two parties have come . .
CitedHector v Lyons 1988
The appellant contracted to buy a house but used his under-aged son’s name. He sought specific performance when the vendor failed to complete.
Held: Since he was neither the purchaser nor the purchaser’s agent, specific performance was . .
CitedSowler v Potter 1939
The defendant had been convicted of an offence of permitting disorderly conduct in a cafe, under her proper name of Ann Robinson. She then assumed the name of Ann Potter. The plaintiff’s evidence was that, if he had known that she was Ann Robinson, . .
CitedFawcett v Star Car Sales Limited 1960
(New Zealand) ‘a void contract is a paradox; in truth there is no contract at all.’ and ‘the difficulty in deciding whether a mistake of identity prevents the formation of a concluded contract is a proper assessment of the facts rather than the . .

Cited by:

Appeal fromShogun Finance Limited v Hudson HL 19-Nov-2003
Thief acquired no title and could not sell
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car.
Held: (Lords Nicholls and Millett . .
Lists of cited by and citing cases may be incomplete.

Consumer, Contract, Torts – Other

Updated: 08 May 2022; Ref: scu.160060

Thomson Tour Operations Ltd v Birch: QBD 24 Feb 1999

A price indication which was correct at the time it was made, but which only subsequently became misleading did not constitute an offence under the Act. A discount offered to late bookers gave no rise to expectation that those who had booked already would get the same discount.

Citations:

Times 24-Feb-1999

Statutes:

Consumer Protection Act 1987 20(1)

Jurisdiction:

England and Wales

Consumer

Updated: 08 May 2022; Ref: scu.89877

United Dominions Trust Ltd v Taylor: ScSf 1980

Judges:

Reid SP

Citations:

1980 SLT (Sh Ct) 28

Statutes:

Consumer Credit Act 1974 75

Jurisdiction:

Scotland

Cited by:

CitedDurkin (Aberdeen Sheriff Court) v DSG Retail Ltd SCS 15-Jun-2010
The appellant had purchased a computer from an associated company of the defender with finance from the defender. He complained that on his return of the computer the defender had failed to cancel the consumer credit agreement, causing him losses. . .
CitedDurkin v DSG Retail Ltd and Another SC 26-Mar-2014
Cancellation of Hire Finance Contract
The claimant had bought a PC with a finance agreement with the respondent. He rejected it a day later, but the respondent refused to cancel the credit agreement. The respondent had threatened to report his non-payment to credit reference companies, . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 08 May 2022; Ref: scu.524657

Huntpast 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.

Judges:

Sir Christopher Slade

Citations:

[1993] CCLR 15

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

CitedCarey 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 . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 07 May 2022; Ref: scu.384476

Rankine v American Express Services Europe Ltd: 2009

The court considered the enforcement of a contract which offended the 1974 Act.
Held: The bringing of proceedings is only a step taken with a view to enforcement and not actually enforcement.

Judges:

HHJ Simon Brown QC

Citations:

[2009] CCLR 3

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 07 May 2022; Ref: scu.375747

Regina v Southwood: CACD 1 Jul 1987

Where a car dealer had falsified the odometer on a car he was selling, a disclaimer as to the car’s mileage was ineffective to provide a defence under the 1968 Act.

Citations:

Times 01-Jul-1987, [1987] 1 WLR 1361

Statutes:

Trade Descriptions Act 1968

Jurisdiction:

England and Wales

Citing:

ApprovedNorman v Bennett 1974
The court considered the requirements to establish an offence under the 1968 Act: ‘I think that, where a false description is attached to goods, its effect can be neutralised by an express disclaimer or contradiction of the message contained in the . .

Cited by:

CitedAlan Kenneth McKenzie Clark v Associated Newspapers Ltd PatC 21-Jan-1998
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off.
Held: The first issue was whether a . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 06 May 2022; Ref: scu.214640

Regina v Ford Motor Company Limited: QBD 1974

The alleged false trade description was that a car supplied to a garage was ‘new’, as ordered from Fords.
Held: (Appeal allowed on other grounds) The effect of the order was that Parkway was seeking the supply from Fords of a ‘new vehicle’. The car that was supplied had in fact earlier been damaged whilst in the care of Fords’ forwarding agents: ‘… we have reached the conclusion that in the terms of the statute this was a request made by Parkway to Fords which gave an indirect indication that the trade description ‘new’ was applied to the car which Parkway requested Fords to deliver, and that being so the second part of Section 4(3) was in our judgment similarly satisfied by the evidence, that is to say, the circumstances was such as to make it reasonable to infer that the goods supplied pursuant to that request were supplied as goods corresponding to that trade description; and it follows, therefore, that Fords as the person supplying the goods in accordance with Section 4(3) are deemed to have applied that trade description to the goods.’ It had been argued about whether or not implied terms could constitute trade descriptions: ‘This seems to us to go much too far; it would be very startling, for instance, the effect of the Act of 1968 were to make a criminal of every seller of goods by description who delivers goods ‘in breach of the condition of merchantable quality which is implied by section 14(2) of the Sale of Goods Act 1893.’

Judges:

Bridge J

Citations:

[1974] 1 WLR 1221

Statutes:

Trade Descriptions Act 1968 4(3)

Cited by:

CitedShropshire County Council (David Walker) v Simon Dudley Limited Admn 17-Dec-1996
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant . .
CitedLouis C Edwards (Manchester) Limited v Charles Miller CA 1981
A local County Council asked for tenders for meat. It specified the maximum depth of subcutaneous fat of pork. A school cook ordered pork without making any reference to the depth of the fat. A quantity of pork was thereafter delivered. The pork did . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 06 May 2022; Ref: scu.194021

Mellor v Lydiate: 1914

The appellant brewers owned a public house, whose licencee was their manager. He supplied beer to the respondent, and the appellants were then convicted under the section which, provided that a person ‘shall not sell . . any intoxicating liquor unless he holds a justices licence’
Held: The appeal was allowed, but with differing reasons.
Lord Reading CJ: ‘On behalf of the appellants it was contended that there had been no sale by them within the meaning of the words in section 65, and that in any event their servant, for whose act it was sought to make them responsible under the statute, was the holder of a justices licence, and, therefore, that the requirements of the statute had been met.’ and ‘If it were right to construe the section as if we were determining the rights and obligations of the parties to a contract of sale it could not be doubted, as a general principle of law, that a sale by a servant authorised in that behalf is a sale by the principal, at least to the extent of imposing upon the latter the burdens and advantages of the contract. But I cannot think that when the Legislature enacted that a justices licence should be required as a condition precedent to the right of selling intoxicating liquor by retail on the licensed premises it intended that every person who might be made liable as a contracting party to a contract of sale must hold a justices licence for such sale notwithstanding that he took no part in the actual conduct of the sale on the premises.’

Judges:

Lord Reading CJ

Citations:

(1914) 3 KB 1141

Statutes:

Licensing (Consolidation) Act 1910 65(1)

Jurisdiction:

England and Wales

Cited by:

CitedHolt Brewery Co Ltd v Thompson 1920
The appellants owned a public house from where their licensed manager sold spirits at an excess price. They contended that as they were not the licensees there was not sale by them, but, Lord Reading CJ said: ‘The language of the Order contains . .
CitedNottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed.
Held: The owner was liable. The words of the Act must be given their ordinary and natural . .
Lists of cited by and citing cases may be incomplete.

Licensing, Consumer

Updated: 06 May 2022; Ref: scu.188664

Havering London Borough Council v Stevenson: 1970

The defendant carried on a car hire business as opposed to the business of a motor car vendor or dealer. He had a fleet of twenty-four cars and made a regular practice of selling his hire cars when he had had them for about two years or when the condition of a particular vehicle warranted it. He did not buy or sell the cars at a profit but simply for the purposes of replacing his fleet vehicles from time to time.
Held: The expression ‘in the course of a trade or business’ was not used in the broadest sense. The transaction in issue was caught. It was ‘an integral part of the business carried on as a car hire firm’. The defendant’s business as part of its normal practice bought and disposed of cars.

Judges:

Lord Parker CJ

Citations:

[1970] 1WLR 1375

Statutes:

Trade Descriptions Act 1968 1(1)(b)

Jurisdiction:

England and Wales

Cited by:

CitedStevenson and Another v Rogers CA 8-Dec-1998
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 06 May 2022; Ref: scu.187300

Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Citations:

Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757

Statutes:

Consumer Arbitration Agreements Act 1988

Jurisdiction:

England and Wales

Citing:

Appeal from (Affirmed)Philip Alexander Securities and Futures Ltd v Bamberger and Others ComC 8-May-1996
ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract, Consumer

Updated: 06 May 2022; Ref: scu.186007

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide services – restriction – Article 59 EC – breach of European law – disapplication of section 2(a) : Consumer contracts – arbitration provision – ruling on application of arbitration provision by courts of Contracting State – Brussels Convention article 1(4) – exclusion of arbitration – meaning – Brussels Convention article 27(4), 28

Judges:

Waller J

Citations:

Independent 08-Jul-1996

Statutes:

Consumer Arbitration Agreements Act 1988

Jurisdiction:

England and Wales

Cited by:

Appeal from (Affirmed)Philip Alexander Securities and Futures Ltd v Bamberger and Others CA 22-Jul-1996
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, International, Consumer

Updated: 06 May 2022; Ref: scu.186006

Hurstanger Ltd v Wilson: 2006

(Coventry County Court) Michael Douglas discussed the 1983 Regulations, saying: ‘The 1983 Regulations prescribe, among other things, the minimum contents of a regulated agreement, the information which must be brought to the attention of the borrower and the manner in which it is to be brought to his or her attention.
By Regulation 2 documents embodying regulated consumer credit agreements must ‘contain the information’ set out in Schedule 1. Column two of Schedule 1 specifies the relevant information and column one correspondingly identifies the type or category of regulated agreement in which that information is to be included.
Regulation 6 states that the ‘terms’ specified in Schedule 6, column two are prescribed in relation to the types of regulated agreement referred to in column one. The terms are said to be prescribed for the purposes of Section 61(1)(a) and Section 127(3) of the 1974 Act. It is the failure to incorporate these terms or any of them into the document signed by the debtor or hirer which leads to irredeemable unenforceability.
The 1983 Regulations thus distinguished between the ‘information’ set out in Schedule 1 and the ‘terms’ set out in Schedule 6
. . The organisation and wording of the relevant provisions in the 1983 Regulations therefore suggest that the object of Schedule 1 is to fulfil that part of the purpose of Section 60 which is designed to inform the borrower of all relevant aspects of the agreement. The phraseology of Regulation 6 suggests that it is fulfilling that purpose of Section 60, and 61 is amplified by Section 127(3), which requires certain minimum terms to be included in a regulated agreement.
Regulation 2(4) as it was worded at the date of the agreement in this case makes further a provision about the way in which Schedule 1 information is to be presented: ‘The information about financial and related particulars set out in paragraphs 3 to 19 of Schedule 1 to these Regulations and also the statements of the protection and remedies available to debtors under the Act specified in Forms 5, 7 and 9 of Part 1 of Schedule 2 shall be shown together as a whole in documents embodying regulated consumer credit agreements and not interspersed with other information, apart from subtotals of total amounts and cross-references to terms of the agreement. . . ‘In other words, certain information contained in Schedule 1, primarily financial information, must be presented as a single block so as to prevent any possibility of bits of relevant information being concealed or tucked away in places where the borrower might not look. This provision appears to implement the requirement contemplated in Section 60(2)(b) of the 1974 Act.
On the other hand, Regulation 6(2) as it was at the time of the agreement in this case required only that the terms of the agreement and the information required by Schedule 1 should be legible and of a colour readily distinguishable from the colour of the paper on which they are written. Mr Say accepted in answer to a question which I posed that there is nothing in Regulation 6 which would have made it obligatory for the prescribed terms or any of them to be placed in a prominent part of the document or to have prevented them being interspersed throughout the document. This tends to reinforce the conclusion that the purpose of Schedule 6, whilst of course not inconsistent with the purpose of Schedule 1, is not primarily to inform the borrower (a task discharged by Regulation 2 and Schedule 1).
In my judgment the objective of Schedule 6 is to ensure that as an inflexible condition of unenforceability certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement those minimum provisions, combined with the requirement under Section 60(1) that all the terms should be in a single document, and backed up by the provisions of Section 127(3) ensure that these core terms are expressly set out in the agreement itself. They cannot be orally agreed. They cannot be found in another document. They cannot be implied and, above all, they cannot be in the slightest misstated. As a matter of policy the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements which are designed to ensure that the debtor is made aware so far as possible of specified information (including information contained in the minimum terms) are to be found in Schedule 1.’

Judges:

Mr. Recorder Michael Douglas QC

Citations:

[2006] WL 4402848

Statutes:

Consumer Credit Act 1974, Consumer Credit Agreements Regulations 1983

Cited by:

Appeal fromWilson and Another v Hurstanger Ltd CA 4-Apr-2007
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had . .
ApprovedBrophy v HFC Bank QBD 22-Mar-2010
The customer sought to appeal against a finding of liability for the debt on his credit card, and that the credit card agreement which operated between Mr Brophy and the bank for a period of some 14 years, from 1994 to 2008, was a valid and . .
CitedHSBC Bank Plc v Brophy CA 2-Feb-2011
The customer appealed against an order finding that his credit card agreement was binding upon him.
Held: The appeal failed. His argument that the application form amounted only to an invitation to treat, and that the contract was one made by . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 06 May 2022; Ref: scu.430730

Lloyds 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 the original could work injustice. A photocopy was not necessary and a reconstruction would do. HHJ Langan QC said: ‘Suppose a situation in which a lender could not find an original agreement which had been misplaced in its archives, or in which a batch of such agreements was destroyed in a fire. Suppose also that the lender could reconstitute the agreement or agreements from other sources – a card index or computerised records of transactions, and a copy of the standard terms printed on application forms at the relevant date. In such a case, even though no doubt could be cast on the accuracy of the work of reconstruction, the lender would be subject to the section 78(6) bar on enforcement and, in the case of destruction by fire, the bar would necessarily be perpetual. This would, in my judgment, be a grave injustice to the lender, while to permit reconstruction would not work any countervailing injustice to the borrower. I do not accept that a fair apportionment of risk between the parties requires the court to adopt the interpretation for which Mr Berkley contends.’

Judges:

HHJ Langan QC

Citations:

Unreported, 13 September 2009

Statutes:

Consumer Credit Act 1974 61 78 189

Cited by:

CitedCarey 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 . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 05 May 2022; Ref: scu.384475

Brighton and Hove City Council v Woolworths Plc: Admn 11 Nov 2002

Prosecutor’s appeal by case stated from dismissal of allegation of offences relating to the sale of micro scooters subject to a suspension notice.

Citations:

[2002] EWHC 2565 (Admin), (2003) 167 JP 21

Links:

Bailii

Statutes:

Toy (Safety) Regulations 1995, Consumer Protection Act 1987 14

Jurisdiction:

England and Wales

Consumer, Crime

Updated: 05 May 2022; Ref: scu.347812

Naish v Gore: QBD 1971

The justices had come to the conclusion that reasonable precautions had been taken by the shopkeeper, and therefore that the defence in section 24 was made out.
Held: Lord Widgery CJ said: ‘Accordingly, it seems to me that the proper disposal of this case is to observe that the justices with some evidence of reasonable precautions and due diligence before them were satisfied that that was sufficient to satisfy the terms of sec. 24. In the end, if the justices properly directed themselves as to the law and appreciated the onus that rests on the respondent, the question of whether the precautions taken were all reasonable precautions is a matter for them and, on the facts of this case, I am not disposed to say that they reached other than the conclusion which was open to them.’
Lord Widgery contrasted the case before him with cases where no precautions had been taken, for example to test whether a watch said to be waterproof was in fact water resistant or whether the odometer had been altered in a case where there was no examination of the motorcar whatever. He observed that the trader had taken a certain amount of trouble to satisfy himself and said: ‘I for my part find it quite impossible to lay down as any general proposition in these cases that a motor dealer selling a secondhand car must wait for the log book and must check with the previous owner. To do so may be a very wise and proper precaution in appropriate cases, but I am not disposed to rule as a general principle that that must be so.’

Judges:

Lord Widgery CJ

Citations:

[1971] 3 All ER 737

Statutes:

Trade Descriptions Act 1968 1(1)(b) 824

Cited by:

CitedEnfield London Borough Council v Argos Ltd Admn 24-Jun-2008
The defendant company had been accused of selling a bladed article to a youth making a test purchase. The prosecutor now appealed by way of case stated raising the question as to whether a reasonable precaution taken after a test case conducted by . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 04 May 2022; Ref: scu.526097

Forward Trust Ltd v Whymark: CA 1989

The borrower took out a fixed interest loan from the bank. It was a regulated consumer credit agreement under the 1974 Act. He defaulted, and the plaintiff sought payment of the full remaining balance. Judgment was entered for that sum. The creditor applied to be allowed to pay by instalments, but the registrar set aside the judgment, saying that it had wrongly ignored any rebate for early settlement.
Held: The lender’s appeal succeeded. The full balance was due on the default. No doubt any court asked to enforce the judgment might make due allowance from the acceleration included.

Judges:

Lord Donaldson of Lymington MR

Citations:

[1990] 2 QB 670, [1989] 3 WLR 1229

Statutes:

Consumer Credit Act 1974 94 95, Consumer Credit (Rebate on Early Settlement) regulations 1983 4 5

Jurisdiction:

England and Wales

Consumer

Updated: 04 May 2022; Ref: scu.445467

Yates and Lorenzelli v Nemo Personal Finance and Another: 14 May 2010

OFT Claim: The borrowers, Yates and Lorenzelli, alleged (1) that there was an unfair relationship under section 140A of the Consumer Credit Act; (2) that the creditor procured a breach by the broker of the fiduciary duty owed by it to the borrowers by paying to the broker an undisclosed commission; and (3) that the agreement was a multiple agreement within section 18 of the Act and the part relating to payment protection insurance (PPI) was improperly executed.
Type of agreement: Secured loan agreement dated 25 April 2007 for andpound;60,500 repayable over 20 years, plus andpound;15,468 PPI premium and andpound;2,000 broker’s fee.
Judgment: The judge noted that the claim of unfairness was raised by the borrowers and so the burden of proof was on the creditor to prove the contrary. He found that:
The PPI policy appeared to be very expensive for what it offered.
Of the PPI premium of andpound;15,468, he was told that 57.45% (andpound;8,886) was retained by the creditor effectively as commission, and of this andpound;4,232 was paid to the broker.
Although the fact that commission would be likely to be paid was known to the borrowers through the FISA booklet, the amounts were not.
The borrowers were led to understand that the PPI had to be taken out as a condition of the loan. The fact that the broker received andpound;4,322 if it was taken out clearly created an inducement to sell the policy.
If the customer was paying andpound;15,000 for a policy of insurance he was entitled to know in the interests of fairness that less than one half of that was actually going to pay for the policy itself and more than one half was going to be paid in commission to the broker and the lender.
The amount of the commission created an incentive to the broker to sell the product and thereby gave rise to a potential conflict of interest with the customer. Having paid that commission in that amount and thereby having created the conflict for the broker, the lender could not wash his hands of it by leaving everything and passing all responsibility to the broker.
Not only did the payment of commission affect the broker’s independence, it also affected the way the customer might assess any advice given by the broker.
There was a failure to remind the borrowers of their right to cancel the PPI within 30 days.
On the other points, the judge found that a fiduciary relationship did not exist in this case and that the agreement was a multiple agreement under section 18 of the Act.
Result: Unfair relationship under section 140A. The judge ordered the PPI part of the loan agreement to be rescinded.

Citations:

9HG00904

Links:

OFT

Statutes:

Consumer Credit Act 1974 18 140A

Jurisdiction:

England and Wales

Consumer

Updated: 04 May 2022; Ref: scu.445438

The National Home Loans Corporation v HannahRahman: 1997

The borrower had first borrowed money on mortgage (the 1989 loan) to pay off an existing third party mortgage (as well as raising additional funds) and later paid off the new mortgage as part of the process of substituting that mortgage for a different one from the same lender. One issues was whether the 1989 loan agreement should be construed as falling into parts, so as to engage section 18(1)(a).
Held: The 1989 loan was an integrated package which could not be split up without altering its essential character and that section 18(1)(a) did not therefore apply.

Citations:

[1997] CCLR 7

Statutes:

Consumer Credit Act 1974 18

Jurisdiction:

England and Wales

Cited by:

CitedHeath v Southern Pacific Mortgage Ltd ChD 29-Jan-2009
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 02 May 2022; Ref: scu.280432

Worcester Works Finance Ltd v Cooden: CA 1971

A company which re-took possession of a car, which they had sold in exchange for a dishonoured cheque, had taken possession under a disposition. The meaning of disposition was dealt with differently by the three members of the Court of Appeal. Lord Denning said that the word ‘disposition’ was a very wide word and cited what Stirling J. had said in Carter v Carter [1896] 1 Ch 62 at 67, that a disposition extends ‘to all acts by which a new interest (legal or equitable) in the property is effectively created ‘. Phillimore LJ said that ‘to constitute a disposition the dealing with the goods must go beyond the mere transfer or delivery of them: there must be some disposal which involved transfer of property’. Megaw LJ said ‘ ‘Disposition’ must involve some transfer of an interest in property, in the technical sense of the word ‘property’ as contrasted with mere possession.’
The Court of Appeal and the High Court was not bound to follow decisions of the court which the Privy Council had held to be wrongly decided. Lord Denning MR said: ‘although decisions of the Privy Council are not binding on this court, nevertheless when the Privy Council disapprove of a previous decision of this court, or cast doubt on it, then we are at liberty to depart from the previous decision. I am glad to depart from those earlier cases and to follow the Privy Council.’

Judges:

Lord Denning MR, Phillimore LJ, Megaw LJ

Citations:

[1972] 1 QB 210, [1971] 3 ALL ER 708

Litigation Practice, Consumer

Updated: 01 May 2022; Ref: scu.277066

Oceano Grupo Editorial SA v Quintero: ECJ 2000

The court asked whether, in a case brought against an individual consumer, the court could investigate the unfairness of the relevant term of the contract at issue of its own motion.
Held: In such a case the court could act of its own motion. In this case the term was unfair. Article 7(2) refers to a ‘decision’ by a court or an administrative authority as to whether a term is unfair.

Citations:

[2000] ECR I-4941

Statutes:

Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts 7(2)

Jurisdiction:

European

Cited by:

CitedOffice of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Lists of cited by and citing cases may be incomplete.

European, Consumer, Contract

Updated: 01 May 2022; Ref: scu.271000

McCrone v Boots Farm Sales Limited: 1981

The court considered the meaning of ‘standard form contract’ as it applied in Scotland under the 1977 Act: ‘The Act does not define ‘standard form contract’, but its meaning is not difficult to comprehend. In some cases there may be difficulty deciding whether the phrase properly applies to particular contract. I have no difficulty deciding that, upon the assumption that the defenders prove that their general conditions of sale were set out in all their invoices and they were incorporated by implication in their contract with the pursuer, the contract was a standard form contract within the meaning of the said section 17.
Since Parliament saw fit to leave the phrase to speak for itself, far be it from me to attempt to formulate a comprehensive definition of it. However, the terms of s. 17 in the context of this Act make it plain to me that the section is designed to prevent one party to a contract from having his contractual rights, against a party who is in breach of contract, excluded or restricted by a term or condition, which is one of a number of fixed terms or conditions invariably incorporated in contracts of the kind in question by the party in breach, and which have been incorporated in the particular contract in circumstances in which it would be unfair and unreasonable for the other party to have his rights so excluded or restricted. If the section is to achieve its purpose, the phrase ‘standard form contract’ cannot be confined to written contracts in which both parties use standard forms. It is, in my opinion, wide enough to include any contract, whether wholly written or partly oral, which includes a set of fixed terms or conditions which the proponer applies, without material variation, to contracts of the kind in question. It would, therefore, include this contract if the defenders’ general conditions of sale are proved to have been incorporated in it. In that event, it would be for the defenders to prove that it was fair and reasonable for their condition 6 to be incorporated in this contract.’

Judges:

Lord Dunpark

Citations:

[1981] SLT 103

Statutes:

Unfair Contract Terms Act 1977 17

Cited by:

CitedPegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract, Consumer

Updated: 01 May 2022; Ref: scu.238579

Director General of Fair Trading v Tobyward: ChD 1989

The company advertised a product as assisting in permanent weight loss. The Advertising Standards Authority had found the advertisements to be misleading, but the company persisted, and the Authority referred the case to the applicant, who sought an injunction.
Held: The court had jurisdiction to grant the injunction requested. Hoffmann J required no cross-undertaking in damages from the Director. Whatever he might think about the policy, it is well established that ‘the usual practice is that no cross undertaking is required’ when the Crown is seeking an interim injunction to enforce the law.

Judges:

Hoffmann J

Citations:

[1989] 2 All ER 266, [1989] 1 WLR 517

Statutes:

Control of Misleading Advertisements Regulations 1988 (1988 No 915)

Cited by:

CitedThe Financial Services Authority v Sinaloa Gold Plc and Others SC 27-Feb-2013
The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the 2000 Act. The defendant’s bankers objected that they would be prejudiced by the restrictions without the FSA . .
Lists of cited by and citing cases may be incomplete.

Media, Consumer, Litigation Practice

Updated: 30 April 2022; Ref: scu.223972

Norman v Bennett: 1974

The court considered the requirements to establish an offence under the 1968 Act: ‘I think that, where a false description is attached to goods, its effect can be neutralised by an express disclaimer or contradiction of the message contained in the trade description. To be effective any such disclaimer must be as bold, precise and compelling as the trade description itself and must be as effectively brought to the notice of any person to whom the goods may be supplied. In other words the disclaimer must equal the trade description in the extent to which it is likely to get home to anyone interested in receiving the goods.’

Judges:

Lord Widgery CJ

Citations:

[1974] 1 WLR 1229

Statutes:

Trades Descriptions Act 1968

Cited by:

ApprovedRegina v Southwood CACD 1-Jul-1987
Where a car dealer had falsified the odometer on a car he was selling, a disclaimer as to the car’s mileage was ineffective to provide a defence under the 1968 Act. . .
CitedAlan Kenneth McKenzie Clark v Associated Newspapers Ltd PatC 21-Jan-1998
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off.
Held: The first issue was whether a . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 April 2022; Ref: scu.214639

Bellerby v Carle: HL 1983

Beer measuring instruments dispensed smaller quantities than permitted by law. The joint licensees were not permitted to interfere with the measuring instruments, so it was held that they did not have such possession of them as would give rise to liability under section 16(1) of the Act. Referring to Sopp and Goodfellow, ‘I do not, as at present advised, see any reason to doubt the correctness of these two decisions. They establish the proposition that, where a licensee of licensed premises, who is alone permitted under the Licensing Acts to handle and hand over intoxicating liquor to a customer at such premises, chooses to perform those acts through the agency of another person, such as a barmaid employed by the same company or other organisation as he is employed by, he is under the same criminal liability for such other person’s acts as he would be if he had performed them himself.’

Judges:

Lord Brandon

Citations:

[1983] 2 AC 101

Statutes:

Weights and Measures Act 1963 16(1)

Jurisdiction:

England and Wales

Citing:

CitedGoodfellow v Johnson 1966
The defendant was the manager and licensee of a public house owned by a brewery. When the premises were visited by a sampling officer the gin supplied by the barmaid was adulterated. She was the servant of the brewery, and the magistrates dismissed . .
CitedSopp v Long 1970
A short measure was sold by the local manageress and the non-resident licensee was prosecuted for contravening section 24(1).
Held: It was agreed that only the licensee could sell through his servant the barmaid. On his behalf it was . .

Cited by:

CitedNottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed.
Held: The owner was liable. The words of the Act must be given their ordinary and natural . .
Lists of cited by and citing cases may be incomplete.

Licensing, Consumer

Updated: 29 April 2022; Ref: scu.188667

Hotchin v Hindmarsh: QBD 1891

The appellant was the local foreman of a dairy company, and the milk which he supplied had added water. He was prosecuted and convicted under section 6 of the 1875 Act. The 1875 Act had limited defences in section 6 and a warranty defence in section 25, which the appellant was unable to establish, but it was contended on his behalf that his employers and not he should have been prosecuted.
Held: The earlier sections of the Act were directed to physical acts, but in relation to two of those sections, Lord Coleridge CJ said: ‘If the magistrates find the existence of the intent and the commission of the act . . the person doing the act must be dealt with as a principal, even though he is a servant. It cannot be his duty to break the law and if he knowingly commits the act he is guilty.’
As to section 6: ‘In my opinion a person who takes the article in his hand, and performs the physical act of transferring the adulterated thing to the purchaser, is a person who sells within this section.’ and ‘If, therefore, any person transgresses against the provisions of section 6, be he principal or agent, he falls within that section.’
Mathew J said: ‘It would be an extraordinary interpretation of the Act to hold that even when it was shown that the person who did the act was guilty, his employer alone could be liable to be convicted.’

Judges:

Lord Coleridge CJ, Mathew J

Citations:

(1891) 2 KB 181

Statutes:

Sale of Food and Drugs Act 1875 6

Jurisdiction:

England and Wales

Cited by:

CitedGoodfellow v Johnson 1966
The defendant was the manager and licensee of a public house owned by a brewery. When the premises were visited by a sampling officer the gin supplied by the barmaid was adulterated. She was the servant of the brewery, and the magistrates dismissed . .
Lists of cited by and citing cases may be incomplete.

Licensing, Consumer

Updated: 29 April 2022; Ref: scu.188661

Goodfellow v Johnson: 1966

The defendant was the manager and licensee of a public house owned by a brewery. When the premises were visited by a sampling officer the gin supplied by the barmaid was adulterated. She was the servant of the brewery, and the magistrates dismissed the allegation that the defendant had contravened the section which provided ‘If a person sells to the prejudice of the purchaser any food . . which is not . . of the substance . . demanded by the purchaser he shall . . be guilty of an offence.’
Lord Parker CJ said that the statutory provision created an absolute offence which was not correct ‘The forbidden act is the selling to the prejudice of the purchaser, and it has long been held that a person who has done the forbidden thing through somebody else like a servant or agent is himself liable. Further, as long ago as 1891 it was held in Hotchin v Hindmarsh that the forbidden act in a provision such as this is not the parting with the title by the owner but is the physical handling and handing over of the goods by way of sale: in other words the shop assistant, or in this case the barmaid, is liable, and accordingly in view of the general principle to which I have already referred any person on whose behalf that act of handling and handing over is done is also liable.’ Widgery J ‘Rather it is a fact that licensed houses are, by the necessity of the licensing legislation, organised on that footing, and here the act of selling complained of was an act . . which could only have been done in that house by the defendant licensee. In those circumstances it seems to me inevitable to conclude that Mrs Wright’s act of selling was in law the act of the licensee and he should be responsible for it.’

Judges:

Lord Parker CJ, Widgery J

Citations:

[1966] 1 QB 83

Statutes:

Food and Drugs Act 1955 2, Licensing Act 1953 120(1)

Jurisdiction:

England and Wales

Citing:

CitedHotchin v Hindmarsh QBD 1891
The appellant was the local foreman of a dairy company, and the milk which he supplied had added water. He was prosecuted and convicted under section 6 of the 1875 Act. The 1875 Act had limited defences in section 6 and a warranty defence in section . .

Cited by:

DistinguishedNottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed.
Held: The owner was liable. The words of the Act must be given their ordinary and natural . .
CitedBellerby v Carle HL 1983
Beer measuring instruments dispensed smaller quantities than permitted by law. The joint licensees were not permitted to interfere with the measuring instruments, so it was held that they did not have such possession of them as would give rise to . .
ExplainedAllied Domecq Leisure Limited v Cooper (West Yorkshire Trading Standard Service) Admn 9-Oct-1998
Short measures of beer had been sold. One aspect of the case was the responsibility of the company, which was not the licensee, for the shortcomings of an inadequately trained bar person.
Held: The question did not really arise because of the . .
Lists of cited by and citing cases may be incomplete.

Licensing, Crime, Consumer

Updated: 29 April 2022; Ref: scu.188660

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

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration of incompatibility in respect of matters arising from events before the coming into force of the 1998 Act.
Held: Parliament cannot have intended that section 3(1) should have the effect of altering the parties’ existing rights and obligations under the Consumer Credit Act. In this transitional type of case, section 3(1) is inapplicable to the interpretation of the Consumer Credit Act, and the court had no jurisdiction to make a declaration of incompatibility. The courts are now required to evaluate the effect of primary legislation in terms of Convention rights and, where appropriate, to make a formal declaration of incompatibility. In carrying out this evaluation the court has to compare the effect of the legislation with the Convention right. The court was entitled for this purpose (and not merely for the purposes of interpretation) to look at ministerial statements (but not generally at parliamentary debates) to establish the purpose of the Act under consideration, and in doing so it was neither encroaching upon parliamentary privilege nor questioning the proceedings of Parliament. The severity of the effect of non-compliance with the requirements as to the form of Consumer Credit agreements, was reflected in the intention to protect consumers, and accordingly the legislation reflected the intended balance and was not incompatible.
Lord Rodger said this of the cases on vested rights: ‘It is not easy to reconcile all the decisions. This lends weight to the criticism that the reasoning in them is essentially circular: the courts have tended to attach the somewhat woolly label ‘vested’ to those rights which they conclude should be protected from the effect of the new legislation. If that is indeed so, then it is perhaps only to be expected since, as Lord Mustill observed in L’Office Cherifien des Phosphates v Yamashita-Shinnihon Steamship Co Ltd [1994] 1 AC 486, 525A, the basis of any presumption in this area of the law ‘is no more than simple fairness, which ought to be the basis of every general rule.” He said that the test might well be expressed: ‘would the consequences of applying the statutory provision retroactively, or so as to affect vested rights or pending proceedings, be ‘so unfair’ that Parliament could not have intended it to be applied in these ways? In answering that question, a court would rightly have regard to the way the courts have applied the criterion of fairness when embodied in the various presumptions.’
and ‘Since provisions which affect existing rights prospectively are not retroactive, the presumption against retroactivity does not apply. Nor is there any general presumption that legislation does not alter the existing legal situation or existing rights: the very purpose of Acts of Parliament is to alter the existing legal situation and this will often involve altering existing rights for the future . . ‘
Lord Nicholls said: ‘The Human Rights Act 1998 requires the court to exercise a new role in respect of primary legislation. This new role is fundamentally different from interpreting and applying legislation. The courts are now required to evaluate the effect of primary legislation in terms of Convention rights and, where appropriate, make a formal declaration of incompatibility. In carrying out this evaluation the court has to compare the effect of the legislation with the Convention right. If the legislation impinges upon a Convention right the court must then compare the policy objective of the legislation with the policy objective which under the Convention may justify a prima facie infringement of the Convention right. When making these two comparisons the court will look primarily at the legislation, but not exclusively so. Convention rights are concerned with practicalities. When identifying the practical effect of an impugned statutory provision the court may need to look outside the statute in order to see the complete picture, as already instanced in the present case regarding the possible availability of a restitutionary remedy. As to the objective of the statute, at one level this will be coincident with its effect. At this level, the object of section 127(3) is to prevent an enforcement order being made when the circumstances specified in that provision apply. But that is not the relevant level for Convention purposes. What is relevant is the underlying social purpose sought to be achieved by the statutory provision. Frequently that purpose will be self-evident, but this will not always be so.’

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry

Citations:

Gazette 18-Sep-2003, Times 11-Jul-2003, [2003] UKHL 40, [2003] 3 WLR 568, [2004] 1 AC 816, [2003] 2 All ER (Comm) 491, [2003] HRLR 33, [2003] UKHRR 1085, [2003] 4 All ER 97

Links:

House of Lords, Bailii

Statutes:

Consumer Credit Act 1974 8 61(1)(a) 65(1) 127(3), Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) 6, Human Rights Act 1998 3(1) 22(4), Interpretation Act 1977

Jurisdiction:

England and Wales

Citing:

CitedWilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
CitedSecretary of State for Social Security v Tunnicliffe CA 1991
Staughton LJ considered the interpretation of an Act of Parliament to give it retrospective powers: ‘In my judgment the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions in . .
CitedL’Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd HL 19-Jan-1994
The subject matter of statutes is so varied that generalised maxims are not a reliable guide. An arbitrator can dismiss a claim for inordinate and inexcusable delay, even where this had arisen before the Act which created the power.
Lord . .
CitedThe Home Office v Wainwright and Wainwright CA 20-Dec-2001
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the . .
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedMatthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
CitedZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedFayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
CitedBramelid v Sweden ECHR 1983
A law may infringe article 1 if it creates an ‘imbalance’ between the parties which would result in one party being arbitrarily or unjustly deprived of his possessions for the benefit of the other . .
CitedJames and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
CitedHakansson And Sturesson v Sweden ECHR 21-Feb-1990
Where agricultural property is bought subject to the conditions of the general law, and the purchaser is subsequently obliged to re-sell the property at a substantially lower price, the Court will consider the lawfulness and purpose of the . .
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
CitedTinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
CitedOrakpo v Manson Investments Ltd HL 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of . .
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.
CitedBlack-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG HL 5-Mar-1975
Statute’s Mischief May be Inspected
The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute.
Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may . .
CitedMellacher and Others v Austria ECHR 19-Dec-1989
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the . .
CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
CitedPepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
CitedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
CitedRegina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
CitedRegina v Field (Brian John); Regina v Young (Alfred) CACD 12-Dec-2002
Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children.
Held: The orders were not penalties within article 7. The order was available in the absence of a . .
CitedBeswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
CitedReardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
CitedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
CitedH v Belgium ECHR 30-Nov-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
It is for . .
CitedPowell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedRe S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan) HL 14-Mar-2002
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed.
Held: This was not a legitimate extension of the . .
CitedMaxwell v Murphy 1957
Sir Owen Dixon CJ said: ‘The general rule of the common law is that a statute changing the law ought not, unless the intention appears with reasonable certainty, to be understood as applying to facts or events that have already occurred in such a . .
CitedWest v Gwynne CA 1911
The plaintiffs were assignees of a lease dating from 1874. The lease contained a covenant by the lessees against underletting the premises or any part thereof without the consent in writing of the landlord. Under the Act, landlords could no longer . .
CitedAttorney General v Vernazza HL 1960
Vernazza was a vexatious litigant. The Attorney-General obtained an order pursuant to an Act which gave the court power to prohibit such a litigant instituting proceedings without leave. Vernazza appealed. Between the making of the original order . .
CitedAbbott v Minister for Lands PC 30-Mar-1895
(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the . .
CitedIn re Athlumney 1898
Wright J said: ‘Perhaps no rule of construction is more firmly established than this – that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards matter of procedure, . .
CitedZainal bin Hashim v Government of Malaysia PC 1980
A statute should not be given a construction that would impair existing rights personal or in property unless the language in which it is couched requires such a construction. The court considered the presumption that vested rights are not affected . .
CitedIn re Joseph Suche and Co Ltd CA 1875
There is a a presumption, that legislation does not apply to actions which are pending at the time when it comes into force unless the language of the legislation compels the conclusion that Parliament intended that it should. It is ‘a general rule . .
CitedHedderwick v The Federal Commissioner of Land Tax 1913
When considering the operation of the presumption against retrospectivity in Acts affecting vested rights, ‘the Crown’s vested rights are to be respected as much as are the rights of private persons.’ . .
CitedChief Adjudication Officer and Another v Maguire CA 23-Mar-1999
A claimant who had satisfied the conditions required to become eligible for special hardship allowance but who had yet made no claim, retained his right to the allowance after the Act under which the claim might be brought was repealed. ‘A mere hope . .
CitedWright v Hale 23-Nov-1860
When considering the retrospective effects of an Act, ‘where the enactment deals with procedure only, unless the contrary is expressed, the enactment applies to all actions, whether commenced before or after the passing of the Act.’ . .
CitedRepublic of Costa Rica v Erlanger 1876
The court explained why the retrospectivity of an Act of Parliament was treated differently for matters of procedure. Mellish LJ said: ‘No suitor has any vested interest in the course of procedure, nor any right to complain, if during the litigation . .
Appeal fromGeorge Hudson Ltd v Australian Timber Workers’ Union 1923
When considering the intentions behind an Act of Parliament to enquire as to its retrospective effect, the court must look to all the circumstances, ‘that is to say, the whole of the circumstances which the legislature may be assumed to have had . .
CitedIn re a Debtor CA 1936
Lord Wright MR said: ‘Thus while an appellate court is able, and bound, to give effect to new remedies which have been introduced by enactments passed after the order appealed from was made by the court of first instance, yet with regard to . .
CitedYew Bon Tew v Kenderaan Bas Mara PC 7-Oct-1982
(Malaysia) In 1972 the appellants were injured by the respondent’s bus. At that time the local limitation period was 12 months. In 1974 the limitation period became three years. The appellants issued a writ in 1975. To succeed they would have to sue . .
CitedSmith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .

Cited by:

CitedRegina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
CitedFlynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedEvans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
CitedThe Financial Services Authority v William Matthews Patricia Janet Matthews ChD 21-Dec-2004
The Authority sought a finding that the respondents had infringed their duties in providing financial advice with respect to the moving of personal pensions and had failed to comply with an order an order for compensation. The defendants asserted . .
CitedTrailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
CitedMalcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
CitedNational Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
CitedJackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .
CitedJ A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
CitedWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
CitedBaiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
CitedOxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
CitedLisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
CitedL, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
CitedSecretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
CitedG, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust Admn 20-May-2008
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law.
Held: The claim failed. The legislative objectives were sufficiently serious to . .
CitedHorsham Properties Group Ltd v Clark and Another ChD 8-Oct-2008
The court was asked whether section 101 of the 1925 Act infringes the Convention rights of residential mortgagors by allowing mortgagees to overreach the mortgagor by selling the property out of court, without first obtaining a court order either . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
CitedRegina v Kenning, Blackshaw, Fenwick CACD 24-Jun-2008
The defendants appealed against their convictions for conspiracy to aid and abet the production of drugs. They sold materials which could be used for the growing of cannabis, but exhibited a notice warning customers against this. They told . .
CitedHeath v Southern Pacific Mortgage Ltd ChD 29-Jan-2009
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section . .
CitedOdelola v Secretary of State for the Home Department HL 20-May-2009
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. . .
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 . .
CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
CitedCarey 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 . .
CitedF and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
CitedMcCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
CitedSimpson v Norfolk and Norwich University Hospital NHS Trust CA 12-Oct-2011
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible.
Held: The appeal was dismissed. The claimant did not have . .
CitedSecretary of State for Energy and Climate Change v Friends of The Earth and Others CA 25-Jan-2012
The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now appealed against . .
CitedGolden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another CA 9-Mar-2012
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial . .
CitedRe Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
CitedWheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
CitedSalvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedThe Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc SC 2-Jul-2014
The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedSmith v Lancashire Teaching Hospitals NHS Trust and Another QBD 8-Sep-2016
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms:
i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including . .
CitedHS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
CitedHand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
CitedDocherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
CitedBarlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
CitedHuman Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
CitedDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
CitedPatel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.

Consumer, Human Rights, Financial Services

Leading Case

Updated: 29 April 2022; Ref: scu.184398

Bernstein 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 have been discovered, are irrelevant to the concept of reasonable time in s35 which is directed solely to what is a reasonable practical interval in commercial terms between a buyer receiving the goods and his ability to send them back, taking into consideration from his point of view the nature of the goods and their function, and from the point of view of the seller the commercial desirability of being able to close his ledger reasonably soon after the transaction is complete. The complexity of the intended function of the goods is clearly of prime consideration. What is a reasonable time in relation to a bicycle would hardly suffice for a nuclear submarine.
Rougier J: ‘In my judgment, the nature of the particular defect, discovered ex post facto, and the speed with which it might have been discovered, are irrelevant to the concept of reasonable time in s 35 as drafted. That section seems to me to be directed solely to what is a reasonable practical interval in commercial terms between a buyer receiving the goods and his ability to send them back, taking into consideration from his point of view the nature of the goods and their function, and from the point of view of the seller the commercial desirability of being able to close his ledger reasonably soon after the transaction is complete. The complexity of the intended function of the goods is clearly of prime consideration here. What is a reasonable time in relation to a bicycle would hardly suffice for a nuclear submarine.’

Judges:

Rougier J

Citations:

[1987] 2 All ER 220, [1987] BTLC 37

Statutes:

Sale of Goods Act 1979 35

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 . .
CitedClegg and Another v Andersson (Trading As Nordic Marine) QBD 21-May-2002
. .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 28 April 2022; Ref: scu.180703

Suriya and Douglas (a Firm) v Midland bank plc: CA 24 Mar 1999

A bank, who brought in a new account paying higher rates of interest, and offering other new facilities, was under no duty to take steps to inform existing customers of the bank with similar and known needs.

Citations:

Times 29-Mar-1999, Gazette 24-Mar-1999, Gazette 27-Jun-1999

Jurisdiction:

England and Wales

Banking, Consumer

Updated: 28 April 2022; Ref: scu.89612

Citibank International Plc v Kessler and An: CA 24 Mar 1999

A standard clause in a mortgage, giving the right to a lender to prevent the borrower letting the property, did not constitute an unlawful restriction on the freedom of movement of workers under European Law, and was not invalid.

Citations:

Times 24-Mar-1999, Gazette 14-Apr-1999

Statutes:

EC Treaty Art 44

Jurisdiction:

England and Wales

Consumer, European

Updated: 28 April 2022; Ref: scu.79141

Lombard Tricity Finance Ltd v Paton: CA 1989

The borrower challenged a variation of the interest rate to be charged on his regulated loan. The agreement purported to give the lender a full discretion to vary the rate on notice.
Held: The Regulations required the agreement to identify the circumstances under which the loan might be varied. The judge at first instance was wrong to require that this be something more than the lender’s ‘whim’. The agreement was not wrong at common law, and the Regulations controlled the format of the agreement not its content. The notice was clear and correct, and the absolute discretion given and notified did amount to ‘circumstances’ within the Regulations.

Citations:

[1989] 1 All ER 918

Statutes:

Consumer Credit (Agreements) Regulations 1983 (1983 No 1553) 2

Jurisdiction:

England and Wales

Cited by:

DistinguishedParagon Finance plc v Nash etc CA 15-Oct-2001
The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage.
Held: A loan arrangement which allowed a lender to vary the implied rate of interest, . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 28 April 2022; Ref: scu.180916

Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested: CA 1 Jul 1999

Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible decision-maker has reached after consultation with its expert advisers’

Citations:

[1999] EWCA Civ 1738, [1999] EuLR 968, (2000) 2 LGLR 41,, [1999] 3 CMLR 123, [1999] COD 321, (2000) 55 BMLR 38, [2000] EHLR 52

Statutes:

Food Safety Act 1990 13

Jurisdiction:

England and Wales

Citing:

See AlsoRegina v Secretary of State for Health, ex parte Eastside Cheese Company QBD 1-Dec-1998
An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation . .
See AlsoRegina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .

Cited by:

See AlsoRegina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .
See AlsoRegina v Secretary of State for Health, ex parte Eastside Cheese Company QBD 1-Dec-1998
An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation . .
CitedSuryananda, Regina (on the Application of) v The Welsh Ministers Admn 16-Jul-2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat . .
CitedGardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Health, Consumer, European

Updated: 28 April 2022; Ref: scu.146653

National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal ignorance of certain research did not invalidate the orders. The advice given to the minister had not been produced, and the parties were content to accept the accuracy of the description given of it, but ‘we would have required the briefing to be produced. The best evidence rule is not simply a handy tool in the litigator’s kit. It is a means by which the court tries to ensure that it is working on authentic materials. What a witness perfectly honestly makes of a document is frequently not what the court makes of it. In the absence of any public interest in non-disclosure, a policy of non-production becomes untenable if the state is allowed to waive it at will by tendering its own precis instead. ‘ Appeal dismissed

Judges:

Lord Justice Keene Lord Justice Sedley Mr Justice Bennett Lord Justice Keene Lord Justice Sedley Mr Justice Bennett

Citations:

[2005] EWCA Civ 154, Times 09-Mar-2005

Links:

Bailii

Statutes:

Medicines Act 1968, Food Safety Act 1999

Jurisdiction:

England and Wales

Citing:

CitedDirector of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Appeal fromNational Association of Health Stores and Another v Secretary of State for Health and Another Admn 19-Dec-2003
. .
CitedRegina v Chief Constable of the Thames Valley Police, Ex parte Cotton CA 1990
The Chief Constable’s power to dispense with a probationer’s services under Condition 7 is only exercisable in cases where the probationer constable’s unfitness does not arise from alleged misconduct, for example where it arises from the constable’s . .
CitedRegina v Secretary of State for the Home Department ex parte Oladehinde HL 18-Oct-1990
A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary.
Lord . .
CitedBushell v Secretary of State for the Environment HL 7-Feb-1980
Practical Realities of Planning Decisions
The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the . .
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
CitedRegina v Secretary of State for Education ex parte S QBD 21-Dec-1993
The Secretary of State is to disclose all advice on appeal against special needs assessment. . .
CitedTerence Geoffrey Best and others v Secretary of State for Environment v Bass Holdings Limited v South Somerset District Council v Tesco Stores Limited Admn 5-Mar-1997
Counsel for an objector in a planning case submitted that the contents of an incoming letter lying in the Department’s postroom were imputedly known to the Secretary of State.
Held: The judge generously described the submission as having an . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedAir 2000 v Secretary of State for Transport (No 2) OHCS 1990
Advice from the Civil Aviation Authority which by statute the Secretary of State was required to consider had been seen not by him but by an interdepartmental working party which advised him.
Held: Citing Carltona for the uncontroversial . .
CitedRegina v Home Secretary, ex parte Sherwin QBD 16-Feb-1996
The Benefits Agency was part of the Department of Social Security, having been set up under the prerogative power pursuant to the Prime Minister’s statement of 18 February 1988. . .
CitedMinister for Aboriginal Affairs and another v Peko-Wallsend Limited and others 1986
(High Court of Australia) The ground of failure to take into account a relevant consideration can only be made out if a decision-maker fails to take into account a consideration which he is bound to take into account in making that decision. If the . .

Cited by:

CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
CitedGardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Health, Consumer, Evidence

Updated: 28 April 2022; Ref: scu.222864

Starman AS v Tarbijakaitseamet: ECJ 13 Sep 2018

Consumer Protection – Telephone Communications – Judgment – Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 21 – Consumer contracts – Telephone communications – Practice of a telecommunication services provider consisting in offering its customers who have already concluded a contract a speed dial number at a rate higher than the basic rate

Citations:

ECLI:EU:C:2018:721, [2018] EUECJ C-332/17

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.622595

Verbraucherzentrale Berlin v Unimatic Vertriebs GmbH: ECJ 7 Aug 2018

Concept of ‘Business Premises’ – Judgment- Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 2(9) – Concept of ‘business premises’ – Criteria – Sales contract concluded on a stand run by a trader at a trade fair

Citations:

C-485/17, [2018] EUECJ C-485/17, ECLI:EU:C:2018:642, [2018] WLR(D) 525

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.621622

Hexlink Ltd T/A Excel Property v London Borough of Camden: FTTGRC 12 Jun 2018

Professional Regulation – failure to publicise details of the client money protection scheme

Citations:

[2018] UKFTT PR – 2017 – 0041

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83(6)

Jurisdiction:

England and Wales

Consumer, Landlord and Tenant, Housing

Updated: 24 April 2022; Ref: scu.618879

Yasir and Co Ltd v London Borough of Newham: FTTGRC 21 Mar 2018

appeal against a Final Notice in which the Council imposed a financial penalty on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.

Citations:

[2018] UKFTT PR – 2017 – 0031

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618872

Lets4U v North Kesteven District Council: FTTGRC 29 May 2018

Professional Regulation – failure to belong to redress scheme

Citations:

[2018] UKFTT PR – 2017 – 0050

Links:

Bailii

Statutes:

Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc. (England) Order 2014

Jurisdiction:

England and Wales

Housing, Consumer

Updated: 24 April 2022; Ref: scu.618877

Witney Properties Ltd v West Oxfordshire District Council: FTTGRC 15 Feb 2018

Appeal against a Final Notice imposing a financial penalty of 5,000 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Refused

Citations:

[2018] UKFTT PR – 2017 – 0016

Links:

Bailii

Statutes:

Consumer Rights Act 2015 Sch 9

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618868

Silks Estates (Yorkshire) Ltd v Leeds City Council: FTTGRC 21 Mar 2018

Appeal against a Final Notice in which the Council imposed a financial penalty of 2,500 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Penalty increased

Citations:

[2018] UKFTT PR – 2017 – 0043

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618870