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: 1998 To: 1998
This page lists 22 cases, and was prepared on 20 May 2019.
Padgett Brothers (A-Z) Limited v Coventry City Council Times, 24 February 1998; [1998] EWHC Admin 20
15 Jan 1998
Admn
Consumer, Crime
Importer of foreign unsafe tools was equally criminally liable as was eventual retailer. Sale was 'due to' their act or default.
General Product Safety Regulations 1994
[ Bailii ]
Regina v Director General of Water Services ex parte Lancashire County Council and similar Times, 06 March 1998; [1998] EWHC Admin 213
20 Feb 1998
Admn
Consumer, Utilities
The installation of metered water supplies so as to cut off the supply of water automatically on non-payment was a threat to health and was unlawful.
Water Industry Act 1991 61
[ Bailii ]
Regina v Newcastle Upon Tyne Magistrates' Court ex parte Poundstretcher Limited [1998] EWHC Admin 251
3 Mar 1998
Admn
Crime, Consumer
[ Bailii ]
Regina v Seeboard Plc and Another ex parte Guildford Times, 06 March 1998
6 Mar 1998
QBD
Consumer
Electricity supply company had power to disconnect customers supply where unlawful abstraction of electricity shown.
Electricity Act 1989
Williams v Travel Promotions Ltd (Trading as Voyages Jules Verne) Times, 09 March 1998
9 Mar 1998
CA
Consumer
Having claimed a right to change holiday where necessary, company must show some necessity to claim the right to change holiday.
Dudley Metropolitan Council v Summit Garage (Dudley) Limited [1998] EWHC Admin 286
10 Mar 1998
Admn
Swinton Thomas LJ, Gage J
Consumer, Crime
Trade Descriptions Act 1968 14
[ Bailii ]
Walkers Snack Foods Ltd Applicant v Coventry City Council; Admn 17-Mar-1998 - Times, 09 April 1998; [1998] EWHC Admin 327
Bayerische Hypotheken- und Wechselbank v Dietzinger [1998] 1 WLR 1035; [1998] EUECJ C-45/96
17 Mar 1998
ECJ
Consumer, Banking
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.
Council Directive 85/557/EEC
1 Citers
[ Bailii ]
Bayerische Hypotheken Und Wechselbank Ag v Dietringer Times, 25 March 1998
25 Mar 1998
ECJ
Consumer, European
A contract of guarantee by private individual was not subject to cooling off period even though it was supporting a person trading.
Council Directive 85/577/EEC Art 4
Haskins Garden Centre Limited v East Dorset District Council Times, 07 May 1998; Gazette, 07 May 1998; [1998] EWHC Admin 447
27 Apr 1998
Admn
Consumer, Jury
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.
Sunday Trading Act 1994
[ Bailii ]
Direct Holidays Plc v Wirral Metropolitan Borough Council [1998] EWHC Admin 456
28 Apr 1998
Admn
Consumer
Trade Descriptions Act 1968 14(1)(b)
[ Bailii ]
Verein Fur Konsumenten-Information v Osterreichische Kreditsversicherungs Ag Times, 18 May 1998; C-346/96; [1998] EUECJ C-346/96
18 May 1998
ECJ
Consumer
Tourists having paid an operator before their departure were forced to pay a second time before leaving their hotel. The operators insolvency allowed them to claim from operator's insurers under the protection of the Directive.
Council Directive 90/314/EEC on package holidays
[ Bailii ]
Eian Tauber Pritchard v Peter Cook Red Limited [1998] EWCA Civ 900
4 Jun 1998
CA
Contract, Consumer
[ Bailii ]
Desmond v Woodchester Finance Limited [1998] EWCA Civ 910
4 Jun 1998
CA
Consumer, Contract
[ Bailii ]
Valerie Collis v Pont Furnishings [1998] EWCA Civ 1135
1 Jul 1998
CA
Consumer, Contract
[ Bailii ]
First Personal Bank Plc v Sylvia Rose Sim [1998] EWCA Civ 1194
10 Jul 1998
CA
Lord Justice Evans, Lord Justice Chadwick
Consumer, Litigation Practice
The defendant had a credit card account with Harrods. They assigned the accounts to the claimant, who sought to recover the debt. The defendant said she had no knowledge of them. Held: There were procedural muddles which would be best resolved by adjourning, allowing the defendant opportunity to renew her application for leave to appeal out of time, and the claimant to put their own case in order.
[ Bailii ]
Criminal Proceedings Against Goerres Times, 21 August 1998
21 Aug 1998
ECJ
Consumer
Though national regulations could allow placement of label identifying foodstuffs by the product, it was insufficient compliance with European Directive. The ultimate consumer (not just purchaser) needed to be informed about the product.
ECTreaty Art 177
Woodchester Lease Management Services Ltd v Swayne and Co (A Firm) Times, 29 August 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1209; [1999] 1 WLR 263
26 Aug 1998
CA
Kennedy LJ, Sumner J
Consumer
The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the amount incorrectly, and appealed. Held: A notice under the Consumer Credit Act specifying an amount of arrears, and claiming default, had to specify the arrears accurately otherwise the customer would not properly know what to do to remedy the default: "The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffyd conveniently referred to as "the next step". " The notice was invalid.
Consumer Credit Act 1974 87(1) 88 - Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561)
1 Cites
[ Bailii ]
Paul Baldry and Gillian Baldry v First National Bank Plc [1998] EWCA Civ 1483
5 Oct 1998
CA
Consumer, Banking
Consumer Credit Act 1974
[ Bailii ]
Allied Domecq Leisure Limited v Cooper (West Yorkshire Trading Standard Service); Admn 9-Oct-1998 - [1998] EWHC Admin 936; [1999] JP 163
William Stevenson and Anthony Stevenson v Martyn Rogers Times, 31 December 1998; Gazette, 13 January 1999; [1998] EWCA Civ 1931; [1999] QB 1028
8 Dec 1998
CA
Lady Justice Butler-Sloss, Lord Justice Potter, Sir Patrick Russell
Contract, Consumer
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of the Jelle had been made "in the course of a business" within the meaning of section 14(2) of the Sale of Goods Act 1979 so that it was subject to an implied term that the vessel was of merchantable quality. Held: A sale of his vessel by a fisherman was a sale in the course of business and it was required to be of merchantable quality. The phrase 'in the course of business had a different meaning in the Act from in Trade Description and Unfair Contract Terms law. The defendant was not in the business of selling trawlers, and the fact that his boat was the principal asset of his business of fisherman did not mean that its sale was other than incidental thereto. The appeal was allowed.
Sale of Goods Act 1979 12(1)
1 Cites
1 Citers
[ Bailii ]
Formula One Autocentres Ltd v Birmingham City Council Times, 29 December 1998
29 Dec 1998
QBD
Consumer
A return of a serviced car to its owner by a garage is a supply of goods (not merely services) within the section, and a garage owner can be prosecuted under the Act accordingly. The return of the vehicle transferred and so supplied the vehicle.
Trade Descriptions Act 1968 1(1)(a)
