Category: Consumer

Regina (Seahawk Marine Foods Ltd) v Southampton Port Health Authority: CA 31 Jan 2002

The company sought to import shrimps. The Port Authority had refused entry on the basis that they did not comply with standards of the Directive. The ‘aerobic colony counts’ in the condemned product exceeded the standards. The regulation did not require there to be shown actual danger, but only potential danger to public health. This accorded with public policy. The appeal succeeded.

Judges:

Mummery, Buxton and Longmore LLJ

Citations:

Times 05-Feb-2002, [2002] EWCA Civ 54

Links:

Bailii

Statutes:

Products of Animal Origin (Import and Export) Regulations 1996 (SI 1996 No 3124) 25, Fishery Products Directive (Council Directive 91/493/EEC)

Jurisdiction:

England and Wales

Citing:

Appeal from – Seahawk Marine Foods Limited v Southampton Port Health Authority Admn 5-Apr-2001
The authority refused to allow disembarkment of a cargo of shrimp. It’s risk assessment was based on failures by the cargo processor, but which failures did not create any risk to public health. The court held that the rejection could be challenged . .

Cited by:

Appealed to – Seahawk Marine Foods Limited v Southampton Port Health Authority Admn 5-Apr-2001
The authority refused to allow disembarkment of a cargo of shrimp. It’s risk assessment was based on failures by the cargo processor, but which failures did not create any risk to public health. The court held that the rejection could be challenged . .
Lists of cited by and citing cases may be incomplete.

Transport, Consumer

Updated: 29 June 2022; Ref: scu.167553

Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment.
Held: The appeal failed: ‘in pawn transactions the debtor is particularly at risk because there is nothing to stop the pawnbroker selling the security in order to realise the amounts owed without resort to the courts, leaving it to the debtor to go to court if anybody is going to do so. The other is that the unenforceability of these contracts derives in large part from far from technical breaches. They include Mr Howard’s entry into the agreements under a name in which he was not licensed to trade and the omission in other contracts of the identity of the lender.
In this situation, given the provisions of section 106, it seems to me that the judge was justified in adopting the claimant’s account of the parties’ mutual indebtedness, and that in all probability he was obliged to do so. The moral for a pawnbroker such as Mr Howard is that if he wants the rewards of his trade he must operate strictly by the book, and that the result of failing to do so may be not merely to unravel agreements, but to reverse the indebtedness that they have purportedly created.’

Judges:

Potter, Sedley LJJ

Citations:

[2005] EWCA Civ 147

Links:

Bailii

Statutes:

Consumer Credit Act 1974 106

Jurisdiction:

England and Wales

Citing:

Cited – J and E Hall Ltd v Barclay 1937
The company had erected and tested two experimental davits for the appellant. They were then taken down and left unused for many years. The parties disputed the account. The company claimed also for damages for detinue or conversion of the davits . .
Cited – Matthew v T M Sutton Ltd ChD 23-Jun-1994
A pawnbroker was liable to pay interest on excess funds recovered in its capacity as trustee. The court ordered an enquiry: ‘. . . as to what use was made by the defendant of the proceeds of sale and what return was obtained by him on those monies . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 29 June 2022; Ref: scu.224240

Britvic Soft Drinks Ltd v Messer UK Ltd: ChD 2002

Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, although benzene is carcinogenic, was so small that it represented no risk to health. The questions were whether the CO2 was of satisfactory quality or reasonably fit for its purpose within section 14(2) or (3) of the 1979 Act.
Held: It was neither. ‘. . . one particular description of the goods to which the reasonable person must have regard is that to be found in BS4105, viz that CO2 of type 2 is suitable for industrial food applications.’ and ‘I therefore find it impossible to conclude that a reasonable person would regard the CO2 supplied as meeting a satisfactory standard. Consumers would not wish to drink products which had inadvertently been contaminated with a measurable quantity of a known carcinogen, notwithstanding the quantity was not harmful to their health. If the manufacturers had not taken steps to satisfy the public that all reasonable measures were being taken to recall the batches of production affected all of their production would very quickly have become unsaleable. The affected products themselves were in a real sense unsaleable in the sense that no consumer would knowingly buy them and the manufacturers could not as responsible manufacturers be seen to attempt to sell them. . . All those affected products which could by reasonably proportionate measures be withdrawn from the distribution chain were in a real sense unsaleable. I do not consider that the CO2 can be regarded as of satisfactory quality if it had this effect on the end product into which it was introduced. . . In that situation, the public perception will be that the carcinogen simply ought not to be present at all and the manufacturers ought not to attempt to sell products which have been in that way inadvertently contaminated. . . ‘

Judges:

Tomlinson J

Citations:

[2002] 1 Lloyds Rep 20

Statutes:

Sale of Goods Act 1979 14, Unfair Contract Terms Act 1977 3

Jurisdiction:

England and Wales

Citing:

Appealed to – Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others CA 30-Apr-2002
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard.
Held: The use of the British Standard of itself was not sufficient to imply . .

Cited by:

Appeal from – Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others CA 30-Apr-2002
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard.
Held: The use of the British Standard of itself was not sufficient to imply . .
Cited – Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly CA 28-Jul-2003
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be.
Held: . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 28 June 2022; Ref: scu.187445

Asda Stores Limited v Wandsworth London Borough Council: QBD 1 Feb 2007

The defendant appealed refusal to strike out for duplicity two allegations against them under the paragrapgh 3 of Schedule IX to the Regulations.
Held: The appeal failed. The Regulations directly transposed the Directive and created two offences. One concerned the need to protect food from contamination, and the second required adequate pest control procedures.

Judges:

Kay LJ, Stanly Burnton J

Citations:

Times 22-Feb-2007

Statutes:

Food Safety (General Food Hygiene) Regulations 1995 (1995 No 1763)

Jurisdiction:

England and Wales

Crime, Consumer

Updated: 28 June 2022; Ref: scu.253649

Bryen and Langley Limited v Boston: TCC 4 Nov 2004

Judges:

His Honour Judge Richard Seymour

Citations:

[2004] EWHC 2450 (TCC)

Links:

Bailii

Cited by:

Appeal from – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract, Consumer

Updated: 27 June 2022; Ref: scu.219351

Watchtower Investments Ltd v Payne and Another: CA 20 Jul 2001

Amendment of judges order on handing down

Citations:

[2001] EWCA Civ 1261

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Watchtower Investments Ltd v Payne and Another CA 20-Jul-2001
The mortgagor borrowed funds against the charge, and part of the condition of the loan was that any arrears on the first charge must be discharged. The total amount of the loan was calculated to include sufficient to discharge the arrears on the . .

Cited by:

See Also – Watchtower Investments Ltd v Payne and Another CA 20-Jul-2001
The mortgagor borrowed funds against the charge, and part of the condition of the loan was that any arrears on the first charge must be discharged. The total amount of the loan was calculated to include sufficient to discharge the arrears on the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218353

Cape Snc v Idealservice Srl and similar: ECJ 22 Nov 2001

Environment And Consumers – Article 2(b) of Directive 93/13/EEC – Meaning of consumer – Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees

Citations:

C-542/99, [2001] EUECJ C-542/99, [2001] ECR I-9049, [2003] 1 CMLR 42, [2002] All ER (EC) 657

Links:

Bailii

Statutes:

Directive 93/13/EEC

Jurisdiction:

European

Consumer

Updated: 21 June 2022; Ref: scu.214011

Cityfibre Ltd, Regina (on The Application of) v The Advertising Standards Authority Ltd and Another: Admn 15 Apr 2019

Challenge by way of judicial review to decision of the defendants set out in a letter to the claimant that advertisements referring to part-fibre broadband services as ‘fibre’ broadband services are unlikely to mislead consumers.

Judges:

Murray J

Citations:

[2019] EWHC 950 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Consumer, Media

Updated: 21 June 2022; Ref: scu.636091

Warwickshire County Council v Halfords Autocentres Ltd: Admn 9 Nov 2018

Proper interpretation of the 2008 Regulations in the context of a test purchase of goods or services.
Held: ‘a commercial practice for the purposes of article 2(d) of the Directive (and thus regulation 2(1) of the 2008 Regulations) may be constituted by or derived from a test purchase made of a product (including a service) that is generally promoted to and intended for purchase by consumers, even where the purchaser may not himself be a consumer. Specifically, the giving to the test purchaser of an invoice or other document incorporating false information as to a main characteristic of the product (including the execution of a service) that would mislead the average consumer into paying for services that he has not received (which he would not otherwise have done) is a commercial practice which is a misleading action for the purposes of regulations 5 and 9 of the 2008 Regulations, being ‘directly connected with the promotion, sale or supply of a product to . . consumers’.’

Citations:

[2018] EWHC 3007 (Admin)

Links:

Bailii

Statutes:

Consumer Protection from Unfair Trading Regulations 2008

Jurisdiction:

England and Wales

Crime, Consumer, European

Updated: 13 June 2022; Ref: scu.630573

Busby v Berkshire Bed Company Litd: QBD 9 Nov 2018

Claim for serious personal injury against bed seller after suffering damage to back on falling from bed whilst having sex.
Held: The claim failed: ‘the fact of an accident, without more, does not prove that its occurrence should not be considered as too remote. . . it required a most unfortunate and unusual combination of positioning on the bed and movement of the body for the difference in level to cause or materially contribute to a person falling off or out of the bed. I do not believe that would have been foreseeable by, or in the contemplation of, any reasonable person prior to the incident. Put simply it would have been extremely difficult for anyone to have thought of a mechanism whereby what was undoubtedly a problem with the bed, could lead to a person falling off/out of bed. I’

Judges:

Cotter QC HHJ

Citations:

[2018] EWHC 2976 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Consumer, Personal Injury

Updated: 13 June 2022; Ref: scu.628905

Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

Claimants sought damages for personal injuries after immunisation with the MMR vaccine.

Citations:

[2001] EWCA Civ 2027

Links:

Bailii

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987
The powers in the section together with the power to make orders for costs under Order 62 of the Rules of the Supreme Court included the power to make a pre-emptive order for costs.
Lord Donaldson MR said: ‘In these circumstances the judge . .

Cited by:

See Also – Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc CA 21-Dec-2001
The case concerned the management of substantial multi-party actions, and in particular the form of costs orders. The claimants sought a payment of the ‘common costs’ element to be made payable as the appropriate relative common issues were . .
See Also – XYZ and others v Schering Health QBD 29-Jul-2002
The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products. . .
See Also – XYZ v Schering Health Care: Oral Contraceptive Litigation SCCO 31-Mar-2004
. .
Lists of cited by and citing cases may be incomplete.

Consumer, Personal Injury, Litigation Practice

Updated: 13 June 2022; Ref: scu.201544

London Borough of Newham, Regina (on the Application of) v Stratford Magistrates’ Court: Admn 12 Oct 2004

Judges:

Davis J

Citations:

[2004] EWHC 2506 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Brentford Justices ex parte Catlin 1975
A decision by magistrates whether to issue a summons pursuant to information laid involves the exercise of a judicial function, and is not merely administrative.
A summons (or warrant) is merely machinery for giving a defendant notice of the . .

Cited by:

Cited – Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court Admn 30-Apr-2010
The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review . .
Lists of cited by and citing cases may be incomplete.

Consumer, Magistrates

Updated: 10 June 2022; Ref: scu.219266

Tesco Stores Ltd v London Borough of Harrow: Admn 21 Nov 2003

The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: ‘The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have lead the prosecuting authority to have reasonable grounds to believe that an offence had been committed by a person identified to it. Discovering the offence should be taken to mean discovering grounds sufficient to found a reasonable belief that an offence has been committed.’

Judges:

Newman J

Citations:

[2003] EWHC 2919 (Admin)

Links:

Bailii

Statutes:

Food Safety Act 1990 4

Jurisdiction:

England and Wales

Citing:

Adopted – John Charles Brooks v Club Continental 13-Oct-1981
The trading standards officer of the relevant authority and who wished to bring the complaint had been unsure as to the identity of the offender, because he was dealing with a corporate defendant and a number of possible candidates as the proposed . .

Cited by:

Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 08 June 2022; Ref: scu.189138

Nottingham 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 meaning. There was no distinct rule just because the food sold was also alcohol. Section 14 had to apply to all foods, and a separate regime for licensed and non-licensed sales would be inappropriate.

Judges:

Lord Justice Kennedy Mr Justice Royce

Citations:

[2003] EWHC 2847 (Admin), Times 03-Dec-2003

Links:

Bailii

Statutes:

Food Safety Act 1990 14

Citing:

Distinguished – 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 . .
Cited – 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 . .
Cited – Williamson v Norris CA 1899
A barman sold beer at a bar in House of Commons run by the Kitchen Committee. There was no licence. He was convicted of an offence under section 3 of the which provided ‘No person shall sell . . any intoxicating liquor without being duly licensed to . .
Cited – 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 . .
Cited – Holt 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 . .
Cited – Sopp 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 – 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 . .
Cited – Allied 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.

Consumer, Crime

Updated: 08 June 2022; Ref: scu.188277

Commission v Italy C-388/01: ECJ 16 Jan 2003

Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralized State authorities.
Complaint was made that the Italian Republic discriminated against nationals of other member states by allowing advantageous rates of entry for its own nationals to museums, monuments, art galleries, archeological digs, and parks and gardens.
Held: The reasons put forward in justification, namely an attempt to preserve the cohesion of the tax system, and economic considerations, were not sufficient. The matters were the responsibility of the state even if the actual decisions were made by local authorities.

Citations:

Times 30-Jan-2003, [2003] EUECJ C-388/01, [2003] ECR I-721

Links:

Bailii

Statutes:

EC Treaty 812 49

Jurisdiction:

European

Cited by:

Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 06 June 2022; Ref: scu.178732

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

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.
The question of whether a domestic procedural provision does render it virtually impossible or excessively difficult to exercise an EU right, must be analysed by assessment of the procedural rules in its factual legal context

Judges:

A. Tizzano

Citations:

[2002] ECR I-10875, C-473/00, [2002] EUECJ C-473/00

Links:

Bailii

Statutes:

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 06 June 2022; Ref: scu.178311

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act purported to alter secondary Regulations made by the UK Parliament which again contained matters reserved to that Parliament.
Held: The company’s appeal failed. The Act provided only for matters within the competence of the Scottish Parliament.
Each such provision must be judged independently. The 1998 Act is to be interpreted according to the standards applicable to any other Act of the UK parliament. The fact that the 1998 Act described itself as being constitutional did not of itself import any special rules of construction.
The aim of sections 1 and 9 was to discourage or eliminate sales of tobacco products, and not to protect the consumer from unfair trade practices. Nor did the sections do anything to amend the Regulations.
Lord Hope said that the matters listed have a common theme: ‘It is that matters in which the United Kingdom as a whole has an interest should continue to be the responsibility of the UK Parliament at Westminster. They include matters which are affected by its treaty obligations and matters that are designed to ensure that there is a single market within the United Kingdom for the free movement of goods and services.’

Judges:

Lord Hope, Deputy President, Lord Walker, Lady Hale, Lord Kerr, Lord Sumption

Citations:

[2012] UKSC 61, UKSC 2012/0066, 2013 SCLR 121, 2013 GWD 1-8, 2013 SLT 2

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Scotland Act 1998 29(1), Tobacco and Primary Medical Services (Scotland) Act 2010 1(1) 9, Regulations (the Tobacco for Oral Use (Safety) Regulations 1992

Jurisdiction:

Scotland

Citing:

Cited – A v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
Appeal from – Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers SCS 2-Feb-2012
The company sought a reclaiming motion after dismissal of their request for judicial review of the 2010 Act of the Scottish Parliament.
Held: The appeal against the Lord Ordinary’s interlocutor was refused.
Lord Reed said that the nature . .
Cited – Sinclair Collis Ltd v Lord Advocate SCS 2012
The pursuer, a cigarette vending machine operator, challenged section 9 of the 2010 Act saying that the section was incompatible with its rights under article A1P1 of the Convention, and with article 34 of the Treaty on the Functioning of the . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Opinion – Imperial Tobacco Ltd, Re Judicial Review SCS 30-Sep-2010
(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament.
Held: The petition . .
Cited – Martin v Her Majesty’s Advocate SC 3-Mar-2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year.
Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish . .
Cited – Salomon v A Salomon and Company Ltd HL 16-Nov-1896
A Company and its Directors are not same paersons
Mr Salomon had incorporated his long standing personal business of shoe manufacture into a limited company. He held nearly all the shares, and had received debentures on the transfer into the company of his former business. The business failed, and . .
Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
Cited – DS v Her Majesty’s Advocate PC 22-May-2007
An amendment to the 1995 Act placed restrictions on the questioning of the complainer in trials of persons charged with sexual offences. The defendant appealed, saying that the restrictions were incompatible with the right to a fair trial under . .
Cited – Whaley and Another v Lord Advocate HL 28-Nov-2007
The House considered claims that the 2002 Act, which set out to make unawful the hunting of wild mammals with dogs unlawful, infringed the claimants’ human rights, in that it contravened international treaties requiring the support for traditional . .
Cited – Spiers v Ruddy PC 12-Dec-2007
Limits to Powers in Devolution Cases
Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the . .
Cited – Gallagher v Lynn PC 1936
Section 4 of the 1920 Act provided that the Parliament of Northern Ireland had power to make laws for the peace, order and good government of Northern Ireland, but not to make laws in respect of, among other things, trade with any place out of . .
Cited – Regina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
Cited – Kay v Burrows HL 1931
The House considered whether premises (the greater part of which was used for the storage of rags awaiting processing, sorting or subsequent despatch) fell within the proviso to s.3(1) which excluded premises ‘primarily occupied and used [for the] . .
Cited – Regina v Secretary of State for Health, ex parte United States Tobacco International Inc CA 1991
The applicant company produced oral snuff. It had opened a factory in the United Kingdom after the Government, on advice, had negotiated an agreement with it to restrict the marketing of the product. The committee, basing itself not on new evidence . .

Cited by:

Cited – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
Cited – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Consumer

Updated: 06 June 2022; Ref: scu.467053

Lavin v Johnson: CA 31 Jul 2002

A landowner sought repossession of land from his agricultural tenant for failure to pay his rent. The tenant alleged that a charge was an extortionate credit bargain. The landlord appealed.
Held: The Court must have regard to the evidence and cannot adopt an explanation unsupported by evidence. Nor in the absence of evidence supporting it, can the mortgage explanation in this case be accepted on the ground that it is the least unlikely or illogical of the competing explanations. In the absence of evidence of an explanation giving the document a different effect, the document takes effect at its face value.

Citations:

[2002] EWCA Civ 1138

Links:

Bailii

Statutes:

Consumer Credit Act 1974 174

Jurisdiction:

England and Wales

Citing:

Applied – Welsh Development Agency v Export Finance Co Ltd CA 1992
The court was asked whether a transaction relating to goods between an exporter and the defendant, as a financier, associated with sales by the exporter to third-party purchasers, amounted to a true sale by the exporter to the defendant or was . .

Cited by:

Cited – Brighton and Hove City Council v Audus ChD 26-Feb-2009
The claimant was the proprietor of a fourth legal charge on a title. It sought a declaration that a second charge in favour of the defendant was void as a clog on the proprietor’s equity of redemption. An advance secured by a first charge, also in . .
Lists of cited by and citing cases may be incomplete.

Land, Consumer, Agriculture

Updated: 06 June 2022; Ref: scu.175236

XYZ and others v Schering Health: QBD 29 Jul 2002

The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products.

Judges:

Mackay J

Citations:

[2002] EWHC 1420 (QB), (2002) 70 BMLR 88

Links:

Bailii

Citing:

See Also – Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation CA 21-Dec-2001
Claimants sought damages for personal injuries after immunisation with the MMR vaccine. . .
See Also – Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc CA 21-Dec-2001
The case concerned the management of substantial multi-party actions, and in particular the form of costs orders. The claimants sought a payment of the ‘common costs’ element to be made payable as the appropriate relative common issues were . .

Cited by:

Cited – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
See Also – XYZ v Schering Health Care: Oral Contraceptive Litigation SCCO 31-Mar-2004
. .
Lists of cited by and citing cases may be incomplete.

Consumer, Consumer, Personal Injury

Updated: 06 June 2022; Ref: scu.174352

Thoburn v Sunderland City Council etc: Admn 18 Feb 2002

Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)).
Held: The EC Treaty was unlike others in creating a new and unique legal order which was supreme above the legal systems of the member states. On accession under the 1972 Act, the United Kingdom bowed its head to that supremacy. The 1972 Act was a constitutional Act, and at common law could only be repealed by express provision. All specific rights and obligations created by European Law were incorporated into domestic law and ranked supreme by the 1972 Act, which was a constitutional statute, and could not be impliedly repealed. That the 1972 Act was a constitutional statute was derived from common law which recognised such a category. The fundamental legal basis of the United Kingdom’s relationship with the EU rested with the domestic, not the European legal powers.

Judges:

Lord Justice Laws, Mr Justice Crane

Citations:

Gazette 11-Apr-2002, [2001] EWCH Admin 195, [2003] QB 151

Links:

Bailii

Statutes:

European Communities Act 1972 2(2), Weights and Measures Act 1985 1, Weights and Measures Act 1985 (Metrification) (Amendment) Order 1994 (SI 1994 No 2866), Unit of Measurement Regulations 1994 (1994 No 2867), Price Marking Order 1999 (1999 No 3042)

Jurisdiction:

England and Wales

Cited by:

Cited – Levi Strauss and Co and Another v Tesco Stores Ltd and others ChD 31-Jul-2002
The trade mark owners sought to restrain the defendants from selling within the EU, articles bearing their mark which had been imported other than through their own channels. The defendants resisted summary judgement after reference to the European . .
Cited – Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General Admn 28-Jan-2005
The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant . .
Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Lists of cited by and citing cases may be incomplete.

Constitutional, European, Consumer

Updated: 05 June 2022; Ref: scu.167622

Heininger v Bayerische Hypo-und Vereinsbank AG: ECJ 13 Dec 2001

ECJ Consumer protection – Doorstep selling – Right of cancellation – Agreement to grant credit secured by charge on immovable property.

Citations:

[2004] CEC 202, C-481/99, [2001] ECR I-9945, [2001] EUECJ C-481/99, [2004] All ER (EC) 1, ECLI:EU:C:2001:684, [2003] 2 CMLR 42

Links:

Bailii

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – E. Friz GmbH v Carsten von der Heyden (Environment And Consumers) ECJ 15-Apr-2010
ECJ Consumer protection – Contracts negotiated away from business premises Scope of Directive 85/577/EEC – Entry into a closed-end real property fund established in the form of a partnership – Cancellation.
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 05 June 2022; Ref: scu.167125

Hans Schwarzkopf GmbH and Co KG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV: ECJ 13 Sep 2001

ECJ Reference for a preliminary ruling: Bundesgerichtshof – Germany.
Article 6(1)(d), last sentence, of Directive 76/768/EEC, as amended by Directive 93/35/EEC – Prescribed labelling ‘impossible for practical reasons’ – Justification for putting abbreviated forms of compulsory warnings on the containers and packaging of cosmetic products – Information provided in nine languages in the interests of greater flexibility in the marketing of cosmetic products.

Citations:

[2001] EUECJ C-169/99, C-169/99

Links:

Bailii

Statutes:

Directive 76/768/EEC

European, Commercial, Consumer

Updated: 04 June 2022; Ref: scu.166204

Matthew v T M Sutton Ltd: ChD 23 Jun 1994

A pawnbroker was liable to pay interest on excess funds recovered in its capacity as trustee. The court ordered an enquiry: ‘. . . as to what use was made by the defendant of the proceeds of sale and what return was obtained by him on those monies in order to determine the rate of interest to be applied.’

Judges:

Chadwick J

Citations:

Independent 23-Jun-1994, Times 22-Jun-1994

Jurisdiction:

England and Wales

Cited by:

Cited – Penelope Wilson v Howard (Pawnbrokers) Ltd CA 4-Feb-2005
The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment.
Held: The appeal failed: ‘in pawn transactions the debtor is . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 04 June 2022; Ref: scu.83479

Bayerische Hypotheken- und Wechselbank v Dietzinger: ECJ 17 Mar 1998

The court was asked whether the Directive applied to a bank guarantee given by a natural person who was not acting in the course of a trade or business to secure the overdraft of a third party.
Held: The scope of the Directive is not limited according to the nature of the goods or services to be supplied under a contract; the only requirement is that the goods or services must be intended for private consumption. The grant of a credit facility is indeed the provision of a service, the contract of guarantee being merely ancillary to the principal contract, of which in practice it is usually a precondition. However, a contract of guarantee concluded by a natural person who is not acting in the course of his trade or profession does not come within the scope of the Directive where it guarantees repayment of a debt contracted by another person who, for his part, is active within the course of his trade or profession.

Citations:

[1998] 1 WLR 1035, [1998] EUECJ C-45/96

Links:

Bailii

Statutes:

Council Directive 85/557/EEC

Jurisdiction:

European

Cited by:

Cited – Barclays Bank Plc v Kufner ComC 10-Oct-2008
barclays_kufnerComC2008
The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 03 June 2022; Ref: scu.161782

Monsanto Agricoltura Italia SpA and Others v Presidenza del Consiglio dei Ministri and Others: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Tribunale amministrativo regionale del Lazio – Italy. Regulation (EC) No 258/97 – Novel foods – Placing on the market – Safety assessment – Simplified procedure – Substantial equivalence to existing foods – Foods produced from genetically modified maize – Presence of residues of transgenic protein – Measure by a Member State temporarily restricting or suspending the trade in or use of a novel food in its territory.

Citations:

C-236/01, [2003] EUECJ C-236/01

Links:

Bailii

Jurisdiction:

European

Consumer, Environment

Updated: 03 June 2022; Ref: scu.186322

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

The UK provision in the 1987 Act did not conflict with the EC Directive on liability for defective products; there was an overriding provision as to interpretation.
Europa Approximation of laws – Liability for defective products – Directive 85/374 – Defence to liability – Condition – State of scientific and technical knowledge not such as to enable the defect to be discovered – Concept – National implementing provision – Infringement not made out – In order for a producer to incur liability for defective products under Directive 85/374, the victim does not have to prove that the producer was at fault; however, in accordance with the principle of fair apportionment of risk between the injured person and the producer set forth in the seventh recital in the preamble to the directive, the producer has a defence if he can prove certain facts exonerating him from liability, including `that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered’. Whilst the producer has to prove that the objective state of scientific and technical knowledge, including the most advanced level of such knowledge, without any restriction as to the industrial sector concerned, was not such as to enable the existence of the defect to be discovered, in order for the relevant knowledge to be successfully pleaded as against the producer, that knowledge must have been accessible at the time when the product in question was put into circulation. A national implementing provision to the effect that the producer has a defence if he can prove that the state of such knowledge was `not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control’ is not manifestly contrary to that Community rule. The argument that such national provision permits account to be taken of the subjective knowledge of a producer taking reasonable care, having regard to the standard precautions taken in the industrial sector in question, selectively stresses particular terms used in the provision without demonstrating that the general legal context of the provision at issue fails effectively to secure full application of the directive.

Citations:

Times 23-Jun-1997, (1997) 3 CMLR 923, [1997] EUECJ C-300/95

Links:

Bailii

Statutes:

Consumer Protection Act 1987 4(1)(c) 1(1), Council Directive 85/374/EEC, Directive 85/374/EEC

Jurisdiction:

European

Cited by:

Cited – Iman Abouzaid v Mothercare (Uk) Ltd CA 21-Dec-2000
The defendant appealed a finding of liability under the Act. The plaintiff had hurt his eye assisting with a pushchair sold by the defendant. An elastic strap had rebounded into his eye. It was argued that the English Act went wider than the . .
Cited – Khatun, Zeb, Iqbal v London Borough of Newham Admn 10-Oct-2003
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 03 June 2022; Ref: scu.161681

Francesco Benincasa v Dentalkit Srl: ECJ 3 Jul 1997

A contract which forms a part of the customer’s arrangements for pursuing his trade or profession is not a consumer contract and a choice of jurisdiction clause in a distribution agreement was valid.
Europa In the context of the specific regime established by Article 13 et seq. of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, only contracts concluded for the purpose of satisfying an individual’s own needs in terms of private consumption come under the provisions designed to protect the consumer as the party deemed to be the weaker party economically. On the other hand, the specific protection sought to be afforded by those provisions is unwarranted in the case of contracts for the purpose of trade or professional activity, even if that activity is only planned for the future, since the fact that an activity is in the nature of a future activity does not divest it in any way of its trade or professional character. It follows that the regime in question applies solely to contracts concluded outside and independently of any trade or professional activity or purpose, whether present or future, so that a plaintiff who has concluded a contract with a view to pursuing a trade or profession, not at the present time, but in the future may not be regarded as a consumer within the meaning of the first paragraph of Article 13 and the first paragraph of Article 14 of the Convention.
4 Article 17 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments and civil and commercial matters sets out to designate, clearly and precisely, a court in a Contracting State which is to have exclusive jurisdiction in accordance with the consensus formed between the parties, which is to be expressed in accordance with the strict requirements as to form laid down therein. The legal certainty which that provision seeks to secure could easily be jeopardized if one party to the contract could frustrate that rule simply by claiming that the whole of the contract which contained the clause was void on grounds derived from the applicable substantive law. It follows that the court of a Contracting State which is designated in a jurisdiction clause validly concluded under the first paragraph of Article 17 also has exclusive jurisdiction where the action seeks in particular a declaration that the contract containing that clause is void. Furthermore, it is for the national court to determine which disputes fall within the scope of the clause conferring jurisdiction invoked before it and, consequently, to determine whether that clause also covers any dispute relating to the validity of the contract containing it.

Citations:

Times 13-Oct-1997, C-269/95, [1997] EUECJ C-269/95, [1997] ECR 1-3767

Links:

Bailii

Statutes:

Brussels Convention

Cited by:

Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 03 June 2022; Ref: scu.161658

Brenner and Noller v Dean Witter Reynolds (Judgment): ECJ 15 Sep 1994

Europe Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction over consumer contracts – Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises – Jurisdiction under the Convention of the courts of the State in which the consumer is domiciled – Excluded.

Citations:

C-318/93, [1994] EUECJ C-318/93

Links:

Bailii

European, Consumer

Updated: 03 June 2022; Ref: scu.161155

Abanca Corporacion Bancaria SA v Alberto Garcia Salamanca Santos: ECJ 13 Sep 2018

(Opinion) Reference for a preliminary ruling – Directive 93/13 / EEC – Consumer protection – Unfair terms in consumer contracts – Early termination clause for a mortgage loan – Article 6 (1) – Article 7 (1) – Declaration of partial abuse – Powers of the national court – Application of a provision of national law of a suppletive nature ‘

Citations:

C-179/17, [2018] EUECJ C-179/17 – O

Links:

Bailii

Statutes:

Directive 93/13 /EEC

Jurisdiction:

European

Consumer, Banking

Updated: 02 June 2022; Ref: scu.622550

Office of Fair Trading v Purely Creative Ltd and Others: ChD 2 Feb 2011

The OFT sought an order to restrain the defendants from continuing what it said were unfair commercial practices in the arrangements it made for prize draws.
Held: Each of the promotions relied upon by the Office contravened the Regulations. The order was granted requiring the respondent not to: ‘create the false impression that the consumer has already won, will win, or will on a particular act win a prize or other equivalent benefit, when in fact taking any action recommended by the defendant in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either
(a) a substantial proportion of the unit cost to the defendant of the provision to the consumer of the thing described as a prize or other equivalent benefit; or
(b) in the case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost of the making available of that thing other than the actual cost of its delivery to the consumer and insurance (if any) in transit.’
Briggs considered a request to look at the ways in which different countries within the EU had implemented the Regulations, saying: ‘In my judgment recourse to differences of implementation of a directive intended to have uniform effect throughout the EU is likely to prove a time-consuming and ultimately fruitless exercise, as will become apparent from [counsel]’s attempt to pray in aid the different language of the Irish regulations implementing paragraph 31 of Annex 1 to the UCPD.’

Judges:

Briggs J

Citations:

[2011] EWHC 106 (Ch), [2011] WLR (D) 34, [2011] ECC 20

Links:

Bailii

Statutes:

Enterprise Act 2002 215, Consumer Protection from Unfair Trading Regulations 2008 3, Unfair Commercial Practices Directive 2005/29/EC

Jurisdiction:

England and Wales

Cited by:

Appeal from – Purely Creative Ltd and Others v The Office of Fair Trading CA 29-Jul-2011
The appellants sought to challenge undertakings they had been required to as to the mode of conduct of prize draw competitions. The Regulations forbad misrepresentations that the addressee may already have won a prize. In particular they challenged . .
At first instance – Purely Creative And Others v Office of Fair Trading ECJ 18-Oct-2012
ECJ Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind . .
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 02 June 2022; Ref: scu.428677

Criminal proceedings against Di Pinto: ECJ 14 Mar 1991

ECJ 1. A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Council Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises.
It follows from Article 2 of that directive that the criterion for the application of protection lies in the connection between the transactions which are the subject of the canvassing and the professional activity of the trader: the latter may claim that the directive is applicable only if the transaction in respect of which he has been canvassed lies outside his trade or profession. Acts which are preparatory to the sale of a business are connected with the professional activity of the trader; although such acts may bring the running of the business to an end, they are managerial acts performed for the purpose of satisfying requirements other than the family or personal requirements of the trader.
2. Directive 85/577 does not preclude national legislation on canvassing from extending the protection which it affords to cover traders acting with a view to the sale of their business.
Article 8 of that directive, which leaves Member States free to adopt or maintain more favourable provisions to protect consumers in the field covered by the directive, cannot be interpreted as precluding those States from adopting measures in an area with which it is not concerned, such as that of the protection of traders.

Citations:

C-361/89, [1991] EUECJ C-361/89, [1991] ECR I-1189

Links:

Bailii

European, Contract, Consumer

Updated: 01 June 2022; Ref: scu.160386

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

The defendant appealed a finding of liability under the Act. The plaintiff had hurt his eye assisting with a pushchair sold by the defendant. An elastic strap had rebounded into his eye. It was argued that the English Act went wider than the Directive in implementing it. Was the strap a defect within the Act?
Held: The statute must be interpreted ‘in the light of the wording and the purpose of the Directive so as to achieve the result which it has in view. The design permitted the risk to arise, and the product was defective: ‘though the case is close to the borderline, the product was defective within the meaning of the Act. The risk is in losing control of an elastic strap at a time when it is stretched and eyes are in the line of recoil. The product was defective because it was supplied with a design which permitted the risk to arise and without giving a warning that the user should not so position himself that the risk arose. Members of the public were entitled to expect better from the appellants. A factor in that expectation is the vulnerability of the eye and the serious consequences which may follow from a blunt injury to the eye. ‘

Judges:

Lord Justice Pill Lord Justice Chadwick And Mr Justice Wright

Citations:

Times 20-Feb-2001, [2000] EWCA Civ 348

Links:

Bailii

Statutes:

Consumer Protection Act 1987 2(1), Council Directive 85/374/EEC Art 6

Jurisdiction:

England and Wales

Citing:

Cited – Commission v United Kingdom (Judgment) ECJ 29-May-1997
The UK provision in the 1987 Act did not conflict with the EC Directive on liability for defective products; there was an overriding provision as to interpretation.
Europa Approximation of laws – Liability . .
Cited – Paris v Stepney Borough Council HL 13-Dec-1950
(Reversed) The House considered a breach of a duty of care in respect of a man blinded in one eye, when there would be no breach of duty if his sight had not been impaired.
Held: The claim succeeded because he was known by his employers to . .
Cited – Roe v Ministry of Health CA 1954
The plaintiff complained that he had developed a spastic paraplegia following a lumbar puncture.
Held: An inference of negligence was rebutted. However the hospital authority was held to be vicariously liable for the acts or omissions of the . .
Lists of cited by and citing cases may be incomplete.

Consumer, Negligence, Personal Injury, European

Updated: 31 May 2022; Ref: scu.147381

Michael Ketley v Claire Nicole Gilbert: CA 21 Dec 2000

A car hire agreement expressed that payment would become due ‘on the expiry of twelve months’. The form of the agreement did not comply with the Consumer Credit Act regulations. To bring the agreement within the exception provided, payment had to be required to be made at some point beginning within the 12 month period. The words here suggested payment only after expiry of the 12 month period, the agreement did not come within the exception, and it was void, and the charges were not recoverable.

Judges:

The Master of the Rolls, Lord Justice Brooke And Lord Justice Robert Walker

Citations:

Times 17-Jan-2001, [2000] EWCA Civ 354, [2001] WLR 986

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Thew 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

Updated: 31 May 2022; Ref: scu.147387

London Borough of Barking and Dagenham v David Jones: CA 30 Jul 1999

The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes.

Judges:

Brooke LJ, May LJ, Laws LJ

Citations:

[1999] EWCA Civ 2049

Links:

Bailii

Statutes:

Trade Descriptions Act 1968 1, Unsolicited Goods and Services Act 1971 2, Business Names Act 1985 4

Jurisdiction:

England and Wales

Consumer, Crime, Local Government

Updated: 31 May 2022; Ref: scu.146964

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

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.
Held: Proportionality itself is not always equated with intense scrutiny

Judges:

Lord Bingham of Cornhill LCJ, Otton, Robert Walker LJJ

Citations:

[1999] EWCA Civ 1739, (2000) 2 LGLR 41, [1999] COD 321, [1999] 3 CMLR 123, (2000) 55 BMLR 38, [1999] EuLR 968, [2000] EHLR 52

Links:

Bailii

Statutes:

Food Safety Act 1990 13

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina 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 Also – 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 . .

Cited by:

See Also – 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 . .
Cited – British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health Admn 5-Nov-2004
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Health, Consumer, Administrative

Updated: 30 May 2022; Ref: scu.146654

Overseas 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 unreasonable one under the Act, since the obligations imposed on the respectve parties were imbalanced.
Held: The insurance requested was not practically available other than through the defendants. The claimants requested the insurance, and the defendants did not sufficiently clearly set out that the limitation of liability applied also if they did not insure. Given the values the limitation to andpound;600 was derisory. The limitation clause was unreasonable.
Potter LJ said: ‘First, so far as this Court is concerned, while the hearing of this appeal is in the form of a re-hearing and the Court is entitled to reach its own view of the evidence, its approach is constrained by a natural reluctance to disturb a first instance decision as to what is reasonable in all the circumstances of a particular case, bearing in mind that views on reasonableness may properly differ and that, in any matter where the decision depends not merely on argument but also on the effect of oral evidence, the first instance Judge has the advantage of hearing such evidence at first hand.’

Judges:

Lord Justice Potter Lord Justice Mantell

Citations:

[1999] EWCA Civ 1449, [1999] 2 Lloyd’s Rep 273

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Approved – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd HL 1983
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the . .
Cited – Singer Co (UK) Ltd v Tees and Hartlepool Port Authority 1988
The court upheld under the 1977 Act a clause which limited a port authority’s liability to andpound;800 per ton of consignment. Other factors were relevant but ‘The way in which the port authority’s general conditions came into being seems to me to . .
Cited – Stewart Gill Ltd v Horatio Myer and Co Ltd CA 1992
The ‘guidelines’ in Schedule 2 are usually regarded as of general application to the question of reasonableness under the 1977 Act. The effect of s13 which deals with exemption clauses, is to apply s3 inter alia to ‘no set off’ clauses. The . .
Cited – Schenkers Limited v Overland Shoes Limited and Schenkers International Deutschland Gmbh v Overland Shoes Limited CA 12-Feb-1998
A clause in a shipping freight contract using the standard British International Freight Association terms disallowing a set-off was not unreasonable. The clause read ‘The customer shall pay to the company in cash or as otherwise agreed all sums . .
Cited – St Albans City and District Council v International Computers Ltd QBD 11-Nov-1994
A liability limitation in a computer contract was an unfair contract term since it was a standard term, and it restricted liability when there had been no attempt to justify the amount chosen for the limit by reference, for example, to a . .
Cited – AEG (UK) Limited v Logic Resource Limited CA 20-Oct-1995
The question of the reasonableness of a clause must be assessed having regard to the relevant clause viewed as a whole: it is not right to take any particular part of the clause in isolation, although it must also be viewed against a breach of . .
Cited – 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. . .
Cited – Phillips Products Ltd v Hyland CA 1987
To decide whether a clause is an exclusion clause it is necessary to look at the effect of the clause and not its form. ‘There is no mystique about `exclusion’ or `restriction’ clauses. To decide whether a person `excludes’ liability by reference to . .
Cited – The Flamar Pride 1990
When looking at the reasonableness of a clause limiting liability, the availability of insurance to the supplier is relevant but need not be decisive. . .

Cited by:

Cited – Cleaver and Others v Schyde Investments Ltd CA 29-Jul-2011
The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed . .
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.

Transport, Contract, Consumer, Litigation Practice

Updated: 30 May 2022; Ref: scu.146364

Jones and Another v Roundlistic Ltd: CA 19 Oct 2018

The Court considered the application of the 1999 Regulations to the terms of a lease granted as an extension to an earlier lease under the 1993 Act.

Citations:

[2018] EWCA Civ 2284

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993, Unfair Terms in Consumer Contracts Regulations 1999

Jurisdiction:

England and Wales

Landlord and Tenant, Consumer

Updated: 30 May 2022; Ref: scu.625959

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

The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area.
Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.

Judges:

Laws LJ, Field J

Citations:

Times 27-Nov-2002

Statutes:

Consumer Protection Act 1987 14 27

Jurisdiction:

England and Wales

Consumer, Local Government, Crime

Updated: 29 May 2022; Ref: scu.178264

Seahawk Marine Foods Limited v Southampton Port Health Authority: Admn 5 Apr 2001

The authority refused to allow disembarkment of a cargo of shrimp. It’s risk assessment was based on failures by the cargo processor, but which failures did not create any risk to public health. The court held that the rejection could be challenged as unreasonable. In this case the rejection followed a risk assessment which disclosed no threat to public health, and the rejection of the cargo was unreasonable.

Citations:

Times 08-Jun-2001, [2001] EWHC Admin 246

Links:

Bailii

Citing:

Appealed to – Regina (Seahawk Marine Foods Ltd) v Southampton Port Health Authority CA 31-Jan-2002
The company sought to import shrimps. The Port Authority had refused entry on the basis that they did not comply with standards of the Directive. The ‘aerobic colony counts’ in the condemned product exceeded the standards. The regulation did not . .

Cited by:

Appeal from – Regina (Seahawk Marine Foods Ltd) v Southampton Port Health Authority CA 31-Jan-2002
The company sought to import shrimps. The Port Authority had refused entry on the basis that they did not comply with standards of the Directive. The ‘aerobic colony counts’ in the condemned product exceeded the standards. The regulation did not . .
Lists of cited by and citing cases may be incomplete.

Transport, Consumer

Updated: 29 May 2022; Ref: scu.140313

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

A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: ‘The total amount payable under the contract which can properly be described as the price, should be arrived at by reference to the APR. The APR given was very substantially below the true APR and Mr Pulford Junior was given a totally false indication as to how the aggregate of the sums required to be paid would be determined. In those circumstances clearly a misleading indication as to price was given. The question as to the enforceability of the agreement is quite irrelevant.’ As to the effect of the section: ‘Section 170(1) is not an obstacle to a prosecution under the Consumer Protection Act 1987, where the provisions of Section 20 are apt to cover a factual situation such as that which arose in this case.’

Judges:

Schiemann LJ, Douglas Brown J

Citations:

Times 12-May-2000, Gazette 18-May-2000, [2000] EWHC Admin 320

Links:

Bailii

Statutes:

Consumer Protection Act 1987 20, Consumer Credit Act 1974 170(1)

Citing:

Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Regina v Lennox-Wright 1973
. .
Cited – Brookes v Retail Credit Cards Ltd QBD 1986
The defendants, a regulated consumer credit provider provided its srevices to A’s customers. A’s promotional materials were found to be in breach of the Act and the defendant was now prosecuted for procuring that offence.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime, Financial Services

Updated: 29 May 2022; Ref: scu.140134

Allied 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 way the justices decided the case, but the court questioned the concession made before the justices reflecting the conventional view that Goodfellow precluded any prosecution of the owners of the beer which the licensee was selling on the basis that he alone may sell beer. ‘I have been concerned whether it follows from the proposition that only a licensee may sell beer that the company which owns the premises provides the beer and employs the licensee to sell is not equally selling the beer. I have also asked myself whether the decision in Hotchin v Hindmarsh on which the Divisional Court founded in Goodfellow v Johnson and which holds that the forbidden act in this context is the parting with possession and not with title, truly negatives this possibility. If the true position were that a company in the appellant’s position is selling beer through the licensee, then the only relevant question would be under section 34 whether each had exercised due diligence in order to prevent the bar tender giving short measure.’

Judges:

Sedley J

Citations:

[1998] EWHC Admin 936, [1999] JP 163

Links:

Bailii, Bailii

Citing:

Explained – 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 . .

Cited by:

Cited – Nottingham 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, Licensing

Updated: 27 May 2022; Ref: scu.139057

Haskins Garden Centre Limited v East Dorset District Council: Admn 27 Apr 1998

A shop remains a large shop for Easter Sunday trading purposes, even though most is temporarily closed off. The Court should take an extended, rather than a snapshot view, of the circumstances.

Citations:

Times 07-May-1998, Gazette 07-May-1998, [1998] EWHC Admin 447

Links:

Bailii

Statutes:

Sunday Trading Act 1994

Consumer, Jury

Updated: 27 May 2022; Ref: scu.138568

Walkers Snack Foods Ltd Applicant v Coventry City Council: Admn 17 Mar 1998

Environmental Health officers inspecting food premises had rights of entry to inspect all areas and records to establish whether offence was being committed. There was only a limited privilege against self-incrimination.

Citations:

Times 09-Apr-1998, [1998] EWHC Admin 327

Links:

Bailii

Statutes:

Food Safety Act 1990 33(1)(b)

Environment, Consumer

Updated: 27 May 2022; Ref: scu.138448

Samuel and Another v Newbold: HL 17 Jul 1906

‘Excessive interest of itself is sufficient to render a contract harsh and unconscionable. Proof of excessive interest may of itself, therefore, be sufficient to entitle the debtor to relief. What amounts to excessive interest is to be determined by the tribunal in each case, the question of risk being a material matter for consideration. When excessive interest is apparently established, any facts that tend to show that such excess does not render the contract ‘harsh and unconscionable’ should be proved in evidence by the lender. The burden is on him.’

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Robertson, and Atkinson

Citations:

[1906] UKHL 611, 44 SLR 611

Links:

Bailii

Statutes:

– Money Lenders Act 1900

Jurisdiction:

England and Wales

Banking, Consumer

Updated: 26 May 2022; Ref: scu.625469

Bankia SA C-92/16: ECJ 13 Sep 2018

Approximation of Laws – Opinion – Reference for a preliminary ruling – Directive 93/13 / EEC – Consumer protection – Unfair terms in consumer contracts – Early termination clause for a mortgage loan – Article 6 (1) – Article 7 (1) – Declaration of partial abuse – Powers of the national court

Citations:

[2018] EUECJ C-92/16 – O, ECLI: EU: C: 2018: 727

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 26 May 2022; Ref: scu.622549

Bankia SA C-486/16: ECJ 13 Sep 2018

Approximation of Laws – Opinion – Reference for a preliminary ruling – Directive 93/13 / EEC – Consumer protection – Unfair terms in consumer contracts – Early termination clause for a mortgage loan – Article 6 (1) – Article 7 (1) – Criteria for assessing unfairness – Principle of effectiveness

Citations:

[2018] EUECJ C-486/16 – O, ECLI: EU: C: 2018: 728

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 26 May 2022; Ref: scu.622548

Secretary of State for Environment, Food and Rural Affairs v ASDA Stores Ltd and Another: QBD 24 Jun 2002

The defendant store had been accused of failing to comply with standards for grading of agricultural produce. They had been acquitted, following Mayne, on the basis that the prosecution was under European regulations introduced after the Act creating the offence had been enacted.
Held: Mayne’s case dealt with Directives, and they were not directly comparable with regulations having direct effect. Nevertheless, it remained for Parliament to state what was criminal behaviour and what was not. The offence under the emended regulations was indeed unknown to English law.

Judges:

Lord Justice Rose and Mr Justice Gibbs

Citations:

Times 27-Jun-2002, Gazette 08-Aug-2002

Statutes:

Agriculture and Horticulture Act 1964 14, Grading of Horticulture Produce (Amendment) Regulations 1973 (SI 1973 No 22)

Jurisdiction:

England and Wales

Citing:

Applied – Mayne and Another v Minister of Agriculture, Fisheries and Food QBD 3-Aug-2000
The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was . .
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 26 May 2022; Ref: scu.174123

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:

Cited – Cavendish 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 – Beckett v Cohen QBD 1972
. .
Cited – British 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 . .
Cited – 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’. . .
Cited – Louis 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 . .
Cited – 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 . .
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:

Cited – Regina v Miller CACD 1977
. .
Cited – Hussain 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 . .
Cited – Hodgson 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 from – Dimond 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.
Cited – A, 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

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:

Cited – Regina 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. . .
Cited – Regina v Chippenham Justices ex parte Harris QBD 28-Jan-1994
. .
Cited – Regina 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

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:

Cited – Gillespie 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 . . . .
Cited – Lamport 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 . .
Cited – Investors 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 . .
Cited – E 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 . .
Cited – E 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 . .
Cited – Industrie 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 . .
Cited – Smith 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 . .
Cited – Walters 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 . .
Limited – Canada 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 . .
Cited – Hollier 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 . .
Mentioned – Lamport 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

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:

Cited – Malekout 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:

Cited – HM 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 . .
Cited – Douglas 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. . .
Cited – Garden 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 . .
Cited – Verein 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