swarb.co.uk - law index
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: 1996 To: 1996
This page lists 11 cases, and was prepared on 20 May 2019.
Wong Mee Wan v Kwan Kin Travel Services Ltd, Gazette, 24 January 1996; [1996] 1 WLR 38
24 Jan 1996
PC
Lord Slynn of Hadley
Contract, Negligence, Consumer
(Hong Kong) The plaintiff's daugfhter purchased an all in package tour of China. Having missed a ferry, they were being taken on a speedboat when it crashed, and she died. The driver was negligent, and the company for having failed to ensure that someone competent drove it. Held: Where someone contracted to arrange travel for others there was an implied term to use reasonable skill and care in selecting others to provide any part of those services. Where he contracted to provide service he impliedly contracted to carry them out with reasonable care and skill. That obligation would continue even if others provided the actual services. This was a contract for services. The company was liable for having failed to select a competent boatman, and for his lack of care.
Mid Kent Holdings Plc v General Utilities Plc Gazette, 06 May 1996
6 May 1996
ChD
Consumer
Private person has no standing to enforce undertaking given to Secretary of State.
Fair Trading Act 1973
Mid Kent Holdings Plc v General Utilities Plc Times, 06 May 1996
6 May 1996
ChD
Consumer
Private person has no standing to enforce undertaking given to Secretary of State.
Fair Trading Act 1973
Philip Alexander Securities and Futures Ltd v Bamberger and Others Independent, 08 July 1996
8 May 1996
ComC
Waller J
International, Consumer, Arbitration
ComC Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - sections 2(b), 4 : European Union - Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - section 2(a) - distinction between domestic and non-domestic consumers - discrimination - Article 6 EC - freedom to provide services - restriction - Article 59 EC - breach of European law - disapplication of section 2(a) : Consumer contracts - arbitration provision - ruling on application of arbitration provision by courts of Contracting State - Brussels Convention article 1(4) - exclusion of arbitration - meaning - Brussels Convention article 27(4), 28
Consumer Arbitration Agreements Act 1988
1 Citers
National Homecare v Berkshire County Council [1996] EWHC Admin 30
12 Jul 1996
Admn
Consumer
Trade Description Act 1968 1491)(a)
Philip Alexander Securities and Futures Ltd v Bamberger and Others Times, 22 July 1996; [1997] Eu LR 63; [1996] CLC 1757
22 Jul 1996
CA
Arbitration, Contract, Consumer
Consumer Arbitration Agreements Act 1988
1 Cites
Humberclyde Finance Limited v Thompson, Thompson (T/A A G Thompson a Firm) [1996] EWCA Civ 787
23 Oct 1996
CA
Consumer
Hire purchase agreement.
[ Bailii ]
Jarrett v Barclays Bank Plc, Royal Bank of Scotland Plc and Jones v First National Bank Plc and Peacock v First National Bank Plc; CA 31-Oct-1996 - Times, 18 November 1996; Gazette, 12 February 1997; [1996] EWCA Civ 847
Audrey Joan Conroy v James Francis Kenny and Anr [1996] EWCA Civ 979
18 Nov 1996
CA
Banking, Consumer
1 Citers
[ Bailii ]
Annette Drummond-Rees v Dorset County Council (Trading Standards Department) [1996] EWHC Admin 305
2 Dec 1996
Admn
Consumer
[ Bailii ]
Shropshire County Council (David Walker) v Simon Dudley Limited Times, 03 January 1997; [1996] EWHC Admin 376
17 Dec 1996
Admn
Hooper J
Crime, Consumer, Contract
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.
Trade Descriptions Act 1968 1(1)(b) 4(3)
1 Cites
[ Bailii ]