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: 2001 To: 2001
This page lists 27 cases, and was prepared on 20 May 2019.
A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc; CA 10-Jan-2001 - Times, 10 January 2001; Gazette, 01 February 2001; [2001] EWCA Civ 312; [2001] 1 WLR 281
Standard Bank London Ltd v Apostolakis and Another [2001] EWHC 493 (Comm)
9 Feb 2001
ComC
Steel J
Consumer, Banking
Banking and financial services - conflict of laws - contract - anti-suit injunction - unfair contract terms - defendants signed foreign exchange margin trading agreement in greece - proceedings in greece and england - agreement contained english jurisdiction clause but defendants acted as consumers - defendants entitled to bring proceedings in greece despite jurisdiction clause under brussels convention arts 13, 14 - jurisdiction clause not binding by virtue of unfair terms in consumer contracts regulations 1994 and 1999
1 Citers
[ Bailii ]
Link Stores Ltd v Harrow London Borough Council Gazette, 22 March 2001; Times, 18 February 2001
18 Feb 2001
QBD
Crime, Consumer
The intention of the section was to catch those traders who sought to change the price of goods after a customer had been persuaded to enter into a purchase. Where a shop made a promise to refund the difference between the price offered and the price of similar goods available elsewhere, but failed to meet that promise, the section did not bite.
Consumer Protection Act 1987 20(2)
Hichens v General Guarantee Corporation Ltd Times, 13 March 2001; [2001] EWCA Civ 359
20 Feb 2001
CA
Peter Gibson, Mummery, Rix LJJ
Consumer, Contract
The customer signed a hire-purchase contract and obtained confirmation of the leasing company's agreement by telephone. She took delivery of the car, and sold it on immediately, and before the contract was signed by the finance company six days later. It was held that the company had completed the contract in the telephone call, and the signing was by way of confirmation. This was so particularly where the contract did not provide that it could only be created on the signing.
Hire Purchase Act 1964 24
[ Bailii ]
Hayward v Norwich Union Insurance Times, 08 March 2001; [2001] EWCA Civ 243; [2001] Lloyd's Rep IR 410
22 Feb 2001
CA
Peter Gibson LJ
Insurance, Consumer, Road Traffic
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."
1 Citers
[ Bailii ]
DSG Retail Ltd v Oxfordshire County Council Times, 23 March 2001; Gazette, 11 May 2001
23 Mar 2001
QBD
Media, Consumer, Crime
A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to be completed was only one. In this case an offer to beat any other price offered locally was in fact intended to be limited in ways not indicated, and there were additional undisclosed terms and conditions. The notice was part of the entire interplay between the customer and shop, and was misleading.
Consumer Protection Act 1987 20(1)
A and Others v National Blood Authority and Another; QBD 26-Mar-2001 - Times, 04 April 2001; [2001] EWHC QB 446; (2001) 65 BMLR 1
Seahawk Marine Foods Limited v Southampton Port Health Authority Times, 08 June 2001; [2001] EWHC Admin 246
5 Apr 2001
Admn
Transport, Consumer
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.
1 Cites
1 Citers
[ Bailii ]
Wilson v First County Trust (2); CA 2-May-2001 - Times, 16 May 2001; Gazette, 14 June 2001; [2002] QB 74; [2001] EWCA Civ 633
Veedfald v Arhus Amtskommune; ECJ 10-May-2001 - Times, 04 June 2001; C-203/99; [2001] EUECJ C-203/99
Commission v Netherlands C-144/99 C-144/99; [2001] EUECJ C-144/99; [2001] ECR I-3541
10 May 2001
ECJ
European, Consumer
ECJ Failure by a Member State to fulfil its obligations - Directive 93/13/EEC - Unfair terms in consumer contracts - Incomplete transposition of the directive into national law. As to the applicable principles in transposing Directives as fully effective in national law: "The Court has explained that . . the Member States must define a specific legal framework in the sector concerned which ensures that the national legal system complies with the provisions of the directive in question. The framework must be designed in such a way as to remove all doubt or ambiguity, not only as regards the content of the relevant national legislation and its compliance with the directive, but also as regards the authority of that legislation and its suitability as a basis for regulation of the sector . . Consequently, given that the Member State concerned is required to ensure the full and exact application of the provisions of any directive, it falls short of its obligations so long as it has not completely complied with [the directive], even if that [domestic] law has to a large extent already secured the objectives of the directive. Any rights conferred by [the] directive must be guaranteed full protection . . Regard must be had to the Court's consistent concern to ensure that the existing national legislation leaves no doubt as to the effects of the directive upon the legal position of individuals. In the words of the Court, 'it is particularly important, in order to satisfy the requirement for legal certainty, that individuals should have the benefit of a clear and precise legal situation enabling them to ascertain the full extent of their rights and, where appropriate, to rely on them before the national courts.'"
Directive 93/13/EEC
1 Citers
[ Bailii ]
O'Hagan v Wright [2001] NICA 26; [2001] NIECA 20
15 Jun 2001
CANI
Lord Carswell CJ
Northern Ireland, Consumer
Lord Carswell CJ discussed the necessary contents of a consumer credit agreement: "the debtor must receive fairly precise information about the times and amount of repayments to be made".
1 Citers
[ Bailii ] - [ Bailii ]
Freeman v Walker [2001] EWCA Civ 923
15 Jun 2001
CA
Contract, Consumer
[ Bailii ]
Brian Watson v First Choice Holidays and Flights Limited and Aparta Hotels Caledonia S A [2001] EWCA Civ 972
25 Jun 2001
CA
Judge, Latham LJJ
Contract, European, Personal Injury, Consumer
Two tourists were injured whilst on holiday in Spain. One recovered damages in Spain; the other sued the tour operators here, and the Spanish hotel operator resisted being joined, saying that his business being in Spain, he should not be sued here. The Regulations clearly enabled the tour operator to be sued here, and the operator in turn could seek his indemnity from the hotel operator here under the Convention. The parties could not be protected from the possibility of facing different consequences from different courts when there were several linked cases. The cases were referred to the European Court of Justice for their decision.
[ Bailii ]
Norman Hudson v Shogun Finance Ltd Times, 04 July 2001; [2001] EWCA Civ 1000
28 Jun 2001
CA
Lord Justice Brooke, Lord Justice Sedley, Lord Justice Dyson
Consumer, Contract, Torts - Other
A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back. Held: The dealer had not taken all the steps he might have done to check the identity of the buyer, but Cundy v Lindsay was binding, and the innocent purchaser had not obtained any title. The Act did not operate to protect him unless the rogue had been a debtor under the Act. The person whose signature had been forged could not be sued under the finance agreement. The rogue was not the hirer named in the agreement. The dealer was not the agent of the finance company, since he had no authority to make an agreement on their behalf. It was therefore impossible to apply the 'face to face' principle to suggest the contract was made with the rogue who presented himself at the showroom.
Hire Purchase Act 1964 27 - Consumer Credit Act 1974 Sch 4 Para 22
1 Cites
1 Citers
Household Global Funding Inc and others v British Gas Trading and others [2001] EWCA Civ 1156
13 Jul 2001
CA
Robert Walker LJ
Financial Services, Consumer
Application for permission to appeal from discontinuance of injunction
[ Bailii ]
Watchtower Investments Ltd v Payne and Another; CA 20-Jul-2001 - Times, 22 August 2001; Gazette, 13 September 2001; [2001] EWCA Civ 1159
Clark v Ardington Electrical Services; Dennard v Plant; Sen v Steelform Engineering Company Ltd; Lagden v O'Connor [2002] Lloyds Rep IR 138
3 Aug 2001
CC
Judge Charles Harris QC
Consumer, Contract, Legal Professions
The several claimants had hired motor vehicles following accidents, being re-assured that the costs would be recovered from defendant insurers. The agreements would not comply with the requirements of the Consumer Credit Act. They each envisaged short periods of hire, but with repayment rather later. The insurers argued that the term was that defined by the expected repayment period, and that they therefore were consumer credit agreements, and, since they lacked the appropriate form, they were void, and unenforceable. As unenforceable agreements, they were not obliged to pay out the drivers who had entered into the agreements. The claimants asserted that the terms were the terms of the hire itself, and that accordingly they were not subject to the Consumer Credit provisions, and were therefore valid, and the insurers could be called on to pay them. Held: The agreements were for the actual hire period, rather than the credit term, and therefore they were valid.
1 Citers
Tullis Russell and Co Ltd v Eadie Industries Ltd [2001] ScotHC 97; [2001] ScotCS 215
31 Aug 2001
SCS
Lord MacFadyen
Scotland, Consumer, Contract
The pursuers and defenders disagreed over which of their respective terms and conditions controlled the sale of equipment, under which the pursuers sought damages for faults in the goods. Both quotation, and order purported to include the respective company's terms and conditions. The parties differed as to which documents constituted the offer and which the acceptance. In this case, the defenders quotations were invitations to treat rather than offers capable of acceptance, and accordingly the pursuers terms applied.
Contracts (Applicable Law) Act 1990
1 Cites
[ Bailii ] - [ Bailii ] - [ ScotC ]
Hans Schwarzkopf GmbH and Co KG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV [2001] EUECJ C-169/99; C-169/99
13 Sep 2001
ECJ
European, Commercial, Consumer
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.
Directive 76/768/EEC
[ Bailii ]
Paragon Finance plc v Nash etc; CA 15-Oct-2001 - Times, 25 October 2001; Gazette, 15 November 2001; [2001] EWCA Civ 1466; [2002] 1 WLR 685
Director General of Fair Trading v First National Bank; HL 25-Oct-2001 - Times, 01 November 2001; [2002] 1 AC 481; [2001] UKHL 52; [2001] 3 WLR 1297; [2002] 1 LLR 489; [2001] 2 All ER (Comm) 1000; [2002] 1 All ER 97; [2002] ECC 22; [2002] 1 Lloyd's Rep 489
Campbell v BMW Insurance Company [2001] EWCA Civ 1660
26 Oct 2001
CA
Rix LJ
Insurance, Consumer
Application for leave to appeal from refusal of claim of overpaid insurance premiums.
[ Bailii ]
Ocwen Ltd v Quinn [2001] EWCA Civ 1895
5 Nov 2001
CA
Land, Consumer
Second application for leave to appeal - adjourned
[ Bailii ]
Cape Snc v Idealservice Srl and similar C-542/99; [2001] EUECJ C-542/99; [2001] ECR I-9049; [2003] 1 CMLR 42; [2002] All ER (EC) 657
22 Nov 2001
ECJ
Consumer
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
Directive 93/13/EEC
[ Bailii ]
Heininger v Bayerische Hypo-und Vereinsbank AG; ECJ 13-Dec-2001 - [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
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 [2001] EWCA Civ 2027
21 Dec 2001
CA
Consumer, Personal Injury, Litigation Practice
Claimants sought damages for personal injuries after immunisation with the MMR vaccine.
Civil Procedure Rules
1 Cites
1 Citers
[ Bailii ]