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: 1999 To: 1999
This page lists 28 cases, and was prepared on 20 May 2019.
Oakley v Birmingham City Council; QBD 8-Jan-1999 - Times, 08 January 1999
Kenny v Conroy and Another; CA 27-Jan-1999 - Times, 27 January 1999; Gazette, 17 February 1999; [1999] EWCA Civ 639; [1999] 1 WLR 1340
John Andrew Martin v Leigh Adrian Norbury and Harry Jones [1999] EWCA Civ 838
22 Feb 1999
CA
Contract, Consumer
[ Bailii ]
Thomson Tour Operations Ltd v Birch; QBD 24-Feb-1999 - Times, 24 February 1999
AFS Intercultural Programs Finland Ry (Administrative Proceedings Concerning) Times, 04 March 1999; C-237/97; [1999] EUECJ C-237/97
4 Mar 1999
ECJ
Consumer
A company, organising student exchanges between member states, where the exchanges may be for six months at a time, was wrongly required to register as a travel agent, and to provide the associated financial security. This action was not within the directive since students were to be treated as family.
EC Treaty Art 177 - Council Directive 90/314/EEC
[ Bailii ]
Citibank International Plc v Kessler and An Times, 24 March 1999; Gazette, 14 April 1999
24 Mar 1999
CA
Consumer, European
A standard clause in a mortgage, giving the right to a lender to prevent the borrower letting the property, did not constitute an unlawful restriction on the freedom of movement of workers under European Law, and was not invalid.
EC Treaty Art 44
Suriya and Douglas (a Firm) v Midland bank plc Times, 29 March 1999; Gazette, 24 March 1999; Gazette, 27 June 1999
24 Mar 1999
CA
Banking, Consumer
A bank, who brought in a new account paying higher rates of interest, and offering other new facilities, was under no duty to take steps to inform existing customers of the bank with similar and known needs.
Citibank International Plc v Schleider et Al Times, 26 March 1999
26 Mar 1999
ChD
Consumer, Banking
The purpose of the section was to prevent a lender using a second collateral agreement to circumvent the provisions of the Act restricting his freedom to include provisions detrimental to the borrower in the main agreement.
Consumer Credit Act 1974 113(8)
In Re Medicaments and Related Classes of Goods; RPC 14-Apr-1999 - Times, 14 April 1999
Lincolnshire County Council v Safeway Stores Plc [1999] EWHC Admin 318
19 Apr 1999
Admn
Crime, Consumer
Appeal against conviction for selling food after sell by date.
Food Safety Act 1990 16(1)(e) - e Food Labelling Regulations 1996 (1996 No. 1499) 44
[ Bailii ]
Travel VAC SL v Sanchis Gazette, 11 August 1999; C-423/97; [1999] EUECJ C-423/97
22 Apr 1999
ECJ
Consumer, European
A contract for a time-share sold away from the registered office of the vendor was subject to the doorstep selling directive, and a right of cancellation applies. This may be so even if it had been signed at the time-share complex, if that was not the registered office of the company. The consumer can renounce the contract without proof of any duress and may not suffer any penalty for this.
Council Directive 85/577/EEC Doorstep Selling; ands 94/47 Time-Shares
[ Bailii ]
Dimond v Lovell 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
29 Apr 1999
CA
The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge
Consumer, Damages, Road Traffic
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.
Consumer Credit Act 1974 - Consumer Credit (Exempt Agreements) Order 1989 3(1)
1 Cites
1 Citers
[ Bailii ]
Hackney London Borough Council v Cedar Trading Ltd Times, 30 April 1999
30 Apr 1999
QBD
Consumer
The mere use of a well known brand name, was not sufficient to comply with the requirements in labelling foodstuffs to list ingredients, or to exempt the material from the regulations.
Food Labelling Regulations 1996 (1996 No 1499)
National Westminster Bank Plc v Story and Another; CA 7-May-1999 - Times, 14 May 1999; Gazette, 19 May 1999; [1999] EWCA Civ 1361; [1999] CCLR 70
Overseas Medical Supplies Limited v Orient Transport Services Limited; CA 20-May-1999 - [1999] EWCA Civ 1449; [1999] 2 Lloyd's Rep 273
Elizabeth Mcmenemy v Mesh Computers Plc [1999] EWCA Civ 1459
21 May 1999
CA
Consumer
[ Bailii ]
Carole Vanessa Domeika v Stephen Lunn [1999] EWCA Civ 1603
17 Jun 1999
CA
Consumer, Contract
[ Bailii ]
Regina v Thames Magistrates Court, Ex P Academy International Plc Times, 23 June 1999
23 Jun 1999
QBD
Consumer
The explicit provision of a twelve month time limit for the commencement of a prosecution in and under the Act, overrode the general limit of six months applicable in the Magistrates Court.
General Product Safety Regulations 1994 (1994 No 2328) 15(1)
Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [1999] EWCA Civ 1738; [1999] EuLR 968
1 Jul 1999
CA
Health, Consumer, European
Application for leave to appeal to House of Lords - refused. However "on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible decision-maker has reached after consultation with its expert advisers"
Food Safety Act 1990 13
1 Cites
1 Citers
Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [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
1 Jul 1999
CA
Lord Bingham of Cornhill LCJ, Otton, Robert Walker LJJ
Health, Consumer, Administrative
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
Food Safety Act 1990 13
1 Cites
1 Citers
[ Bailii ]
London Borough of Barking and Dagenham v David Jones [1999] EWCA Civ 2049
30 Jul 1999
CA
Brooke LJ, May LJ, Laws LJ
Consumer, Crime, Local Government
The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes.
Trade Descriptions Act 1968 1 - Unsolicited Goods and Services Act 1971 2 - Business Names Act 1985 4
[ Bailii ]
Director General of Fair Trading v First National Bank Plc [1999] EWHC Ch 206; [2000] 1 WLR 98
30 Jul 1999
ChD
Evans-Lombe J
Banking, Consumer
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements.
Unfair Terms in Consumer Contract Regulations 1994 - Consumer Credit Act 1974
1 Citers
[ Bailii ]
PRM Finance Limited (Formerly t/a Premier Facilities Limited) v David Renshaw v Harper Motors (Dukinfield) Limited T/a Ashton Quality Cars [1999] EWCA Civ 2081
11 Aug 1999
CA
Contract, Consumer
Consumer Credit Act 1974 5
[ Bailii ]
Director General of Fair Trading v First National Bank Plc; CA 15-Sep-1999 - Times, 21 September 1999; Gazette, 15 September 1999; Gazette, 17 February 2000; Times, 14 March 2000; [2000] EWCA Civ 27; [2000] QB 672
South Wales Electricity Plc v The Director General of Electricity Supply Times, 28 October 1999; Gazette, 17 November 1999; [1999] EWHC Ch 200
22 Oct 1999
ChD
The Honourable Mrs Justice Arden
Consumer, Utilities
An electricity company which also operated also as a water supplier did not have the power to issue coin operated meters which were capable of metering and charging for both electricity and water supplies. The words allowing the company to install such meters were quite restrictive.
Electricity Act 1989 25, 26
1 Cites
[ Bailii ]
Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council [1999] EWHC 832 (Admin); [2000] LGR 171; [2000] BLGR 171
23 Nov 1999
Admn
Lord Bingham of Cornhill CJ
Local Government, Administrative, Consumer
The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a "suspension notice" prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council became concerned about the safety of certain models of baby walker. The suppliers disagreed. The Council decided to issue a press release to warn the public and to cause the recall of the product. The Council relied upon the general ancillary power in section 111 and the general power to publish information relating to its functions in section 142 of the 1972 Act. Held: The Council's decision was quashed. Lord Bingham accepted the submission that: "What, however, was impermissible was to make a public announcement having an intention and effect which could only be achieved by implementation of clear and particular procedures prescribed in an Act of Parliament when the effect of the announcement was to deny the companies the rights and protections which Parliament had enacted they should enjoy. So to act was to circumvent the provisions of the legislation and to act unlawfully."
It did not matter that the procedures under the 1987 Act were cumbersome and not useful for an emergency; the solution to that was amendment not circumvention.
Consumer Protection Act 1987 - Local Government Act 1972 111 142
1 Citers
[ Bailii ]
Price Meats Ltd v Barclays Bank Plc Times, 19 January 2000; [1999] EWHC Ch 190
30 Nov 1999
ChD
Banking, Consumer
Although a customer always had a clear duty to inform its bankers of any forgery of which it was aware insofar as it related to dealings with the bank, that duty did not operate when the knowledge of the customer was only constructive and not actual. In this case the bank had become concerned and had warned the customer of the need to enquire as to the history of transactions, but such warning did not create an actual knowledge on the customers part of the reality of forgery eventually discovered.
[ Bailii ]
Worsley v Tambrands Ltd; CA 3-Dec-1999 - Gazette, 17 December 1999; Times, 11 February 2000; [1999] EWHC 273 (QB); [2000] PIQR P95
