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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Consumer - From: 1993 To: 1993

This page lists 9 cases, and was prepared on 20 May 2019.

 
Huntpast v Leadbetter [1993] CCLR 15
1993

Sir Christopher Slade
Consumer
It is crucial to the working of the Act that the parties know at the date when they make the agreement whether or not it is a regulated agreement.
Consumer Credit Act 1974
1 Citers


 
Pelman v McDonald's Corporation 237 F.Supp.2d 512 (S.D.N.Y.2003).
1993

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


 
Bexley London Borough Council v Gardner Merchant plc [1993] COD 383
1993
QBD
Evans LJ
Consumer
The local authority brought complaint against the company that they failed to supply appropriate wash hand basins for staff near working areas. A number of notices were served each of which specified measures which should be taken. The appellants sought to impugn the notices on a series of grounds for non-compliance with the provisions of section 10. Section 39 of the 1990 Act contains provisions for appeal to the court and which empowered the court "to cancel or affirm the notice and, if it affirms it may do so either in its original form or with such modifications as the court may in the circumstance think fit". Held: Having referred to a series of decisions of the court on Enforcement notices under planning regulations: "Accepting that guidance from the authority, it may be observed that the overall effect, in particular of Lord Denning's statement of the correct approach, differs very little from the wording of paragraph 22 of the Codes of Practice. Whether one applies that paragraph of the Code as a statutory requirement which in the circumstances one is probably bound to do or whether one applies the common law approach as described by Lord Denning the question is this: does the notice enable the recipient to know what is wrong and why it is wrong? The requirement is that the notice should be clear and easily understood." Dealing with the question of amendment of the notice by the justices: "The first question, therefore, is whether the notice is one that should stand or not and, in a case such as the present where, as in my judgment, the notice is not in accordance with the statute, it follows that it is a case for cancellation, and unless the notice is affirmed no question of modifying or amending it can arise. It is possible to easily envisage cases where notices might be varied and affirmed but where the magistrates after hearing the appeal and no doubt hearing evidence, might differ from the authority as to what requirements the notice should contain…. Suffice it to say for present purposes that in my judgment there is no basis in law that the authority can ask for the notices to be modified or amended so as to lead to their being upheld rather than declared invalid…."
Food Safety Act 1990 10 39
1 Citers



 
 Regina v Warwickshire County Council, ex parte Johnson; HL 10-Feb-1993 - Gazette, 10 February 1993; [1993] WLR 1 HL; [1991] UKHL 11; [1993] AC 583; [1993] All ER 299
 
Royscott Trust v Burno Daken Ltd and David Ball unreported, July 9th 1993
9 Jul 1993
QBD
Astill J
Consumer, Contract
R let a vehicle on hire purchase terms to one E(SS), who passed it to BD in breach of his obligations under the hire purchase agreement. E(SS) drew up an 'invoice' stating the value of the car to be a certain sum, X. At the time, E(SS) owed BD substantially more than X for goods supplied. E(SS) had been unable to discharge that debt, and BD therefore took the vehicle in part satisfaction of the debt. Held: The Judge considered whether the transaction amounted to a 'disposition' within section 29. He said this: "it appears to me that the consideration for this transaction was not money, albeit a document called an 'Invoice' was produced and the value of the vehicle agreed. Rather the consideration was a forbearance to sue for that part of the outstanding debt represented by the vehicle's value. It was not 'an exchange for property for money' and not, therefore, a disposition as defined by section 29 sub-section 1 of the Hire-Purchase Act 1964".
Hire-Purchase Act 1964 29(1)
1 Citers



 
 National Westminster Bank Plc v Devon County Council, Devon County Council v Abbey National Plc; QBD 16-Jul-1993 - Independent, 25 August 1993; Times, 16 July 1993
 
Allen v Redbridge London Borough Council Times, 29 July 1993; Gazette, 13 October 1993; Ind Summary, 27 September 1993; Ind Summary, 30 August 1993
29 Jul 1993
QBD

Consumer
Prices were sufficiently displayed with indicator by goods showing price, even though they were only visible with the help of staff. The 1991 order does not require the Purchaser to be able to see price label without help.
Prices Act 1974 7 of Schd

 
Regina v Lincoln Magistrates Court ex parte Wickes Building Supplies Ltd Ind Summary, 16 August 1993; Times, 06 August 1993
6 Aug 1993
QBD

Magistrates, Consumer
Domestic legislation remains in force pending an answer from the European Court. It was not an abuse to prepare many charges against a Defendant pending that decision.
Shops Act 1950 47

 
Sa Chaussure Bally v Ministry of Finance Belgium Ind Summary, 20 September 1993; Times, 22 July 1993; C-18/92; C-18/92; [1993] EUECJ C-18/92
20 Sep 1993
ECJ

VAT, Consumer, European, VAT
The Vatable amount is based on what a purchaser pays ignoring any commissions.
1 Citers

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