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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: 2002 To: 2002

This page lists 21 cases, and was prepared on 20 May 2019.

 
Britvic Soft Drinks Ltd v Messer UK Ltd [2002] 1 Lloyds Rep 20
2002
ChD
Tomlinson J
Contract, Consumer
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, although benzene is carcinogenic, was so small that it represented no risk to health. The questions were whether the CO2 was of satisfactory quality or reasonably fit for its purpose within section 14(2) or (3) of the 1979 Act. Held: It was neither. ". . . one particular description of the goods to which the reasonable person must have regard is that to be found in BS4105, viz that CO2 of type 2 is suitable for industrial food applications." and "I therefore find it impossible to conclude that a reasonable person would regard the CO2 supplied as meeting a satisfactory standard. Consumers would not wish to drink products which had inadvertently been contaminated with a measurable quantity of a known carcinogen, notwithstanding the quantity was not harmful to their health. If the manufacturers had not taken steps to satisfy the public that all reasonable measures were being taken to recall the batches of production affected all of their production would very quickly have become unsaleable. The affected products themselves were in a real sense unsaleable in the sense that no consumer would knowingly buy them and the manufacturers could not as responsible manufacturers be seen to attempt to sell them. … All those affected products which could by reasonably proportionate measures be withdrawn from the distribution chain were in a real sense unsaleable. I do not consider that the CO2 can be regarded as of satisfactory quality if it had this effect on the end product into which it was introduced. … In that situation, the public perception will be that the carcinogen simply ought not to be present at all and the manufacturers ought not to attempt to sell products which have been in that way inadvertently contaminated. … "
Sale of Goods Act 1979 14 - Unfair Contract Terms Act 1977 3
1 Cites

1 Citers



 
 Burdis v Livsey; CA 2002 - [2003] QB 36; [2002] EWCA Civ 510
 
Ocwen Ltd v Murphy and Another [2002] EWCA Civ 47
14 Jan 2002
CA

Consumer

[ Bailii ]
 
Wilson v Robertsons (London) Ltd [2002] EWCA Civ 622
16 Jan 2002
CA

Contract, Consumer
Application for permission to appeal in claim against pawnbrokers for return of pledged jewelry.
Consumer Credit Act 1974
[ Bailii ]
 
Ocwen Ltd v Quinn [2002] EWCA Civ 110
22 Jan 2002
CA

Consumer
Adjourned second application for leave to appeal. Whether differential rates applied by mortgage valid.
Consumer Credit Act 1974 138 139
[ Bailii ]
 
Broadwick Financial Services Limited v David John Spencer Sylvia Julie Spencer Gazette, 15 March 2002; [2002] EWCA Civ 35; [2002] 1 All ER 446
30 Jan 2002
CA
Lord Justice Auld, Lord Justice Robert Walker, And, Lord Justice Dyson
Consumer, Land
The respondents appealed an order for possession under a legal charge which they argued was an extortionate credit bargain, and had been improperly executed and was unenforceable. The appellants were 'non-status borrowers'. Held: A concession letter was not intended to over-ride other clear descriptions of the appellant's obligations. The judge had compared the interest rate charged with other rates charged to non-status borrowers, rather than with interest rates at large. That was correct for this particular market. The interest rates were not extortionate, and nor did the right to vary the interest rate contradict fair dealing. The redemption calculation was based upon the rules. The rules had been criticised, but the clause was common, and not extortionate for the time. "The cap imposed by the administrative agreements has not operated in an extortionate way, because the margins between the Halifax rate, for example, and the Claimants are not so wide as to be capable of being categorised as harsh and oppressive within the ambit of Section 138." Appeal refused.
Consumer Credit Act 1974 138 - Consumer Credit (Agreements) Regulations 1983 60(1)
1 Citers

[ Bailii ]
 
Regina (Seahawk Marine Foods Ltd) v Southampton Port Health Authority Times, 05 February 2002; [2002] EWCA Civ 54
31 Jan 2002
CA
Mummery, Buxton and Longmore LLJ
Transport, Consumer
The company sought to import shrimps. The Port Authority had refused entry on the basis that they did not comply with standards of the Directive. The 'aerobic colony counts' in the condemned product exceeded the standards. The regulation did not require there to be shown actual danger, but only potential danger to public health. This accorded with public policy. The appeal succeeded.
Products of Animal Origin (Import and Export) Regulations 1996 (SI 1996 No 3124) 25 - Fishery Products Directive (Council Directive 91/493/EEC)
1 Cites

1 Citers

[ Bailii ]
 
Kerr v Nationwide Building Society [2002] EWCA Civ 116
1 Feb 2002
CA
Rix LJ
Consumer, Banking

[ Bailii ]
 
Thoburn v Sunderland City Council etc Gazette, 11 April 2002; [2001] EWCH Admin 195; [2003] QB 151
18 Feb 2002
Admn
Lord Justice Laws, Mr Justice Crane
Constitutional, European, Consumer
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in creating a new and unique legal order which was supreme above the legal systems of the member states. On accession under the 1972 Act, the United Kingdom bowed its head to that supremacy. The 1972 Act was a constitutional Act, and at common law could only be repealed by express provision. All specific rights and obligations created by European Law were incorporated into domestic law and ranked supreme by the 1972 Act, which was a constitutional statute, and could not be impliedly repealed. That the 1972 Act was a constitutional statute was derived from common law which recognised such a category. The fundamental legal basis of the United Kingdom's relationship with the EU rested with the domestic, not the European legal powers.
European Communities Act 1972 2(2) - Weights and Measures Act 1985 1 - Weights and Measures Act 1985 (Metrification) (Amendment) Order 1994 (SI 1994 No 2866) - Unit of Measurement Regulations 1994 (1994 No 2867) - Price Marking Order 1999 (1999 No 3042)
1 Citers

[ Bailii ]
 
McGinn v Grangewood Securities Ltd Times, 30 May 2002; [2002] EWCA Civ 522; [2003] CCLR 11
23 Apr 2002
CA
Lord Justice Kennedy, Lord Justice Clarke and Lady Justice Hale
Banking, Consumer
The lender used part of the loan to repay a small amount of arrears of the claimant on another loan. The part so used was not part of the objective of the loan, but one of the costs of obtaining it. Held: The deduction was properly part of the true cost of the credit, and so was not part of the credit. As a consequence, the consumer loan, and the charge securing it, were void and unenforceable. The purpose of section 127(3), which may work harshly against a creditor, is to ensure that the amount of credit is correctly stated.
Consumer Credit (Total Charge for Credit) Regulations 1980 (SI 1980 No 51) 4(2) - Consumer Credit Act 1974 9(4) 127(3)
1 Cites

1 Citers

[ Bailii ]
 
Club-Tour, Viagens e Turismo SA v Alberto Carlos Lobo Goncalves Garrido, and Club Med Viagens Ldª. C-400/00; [2002] EUECJ C-400/00
30 Apr 2002
ECJ

European, Consumer
The term package used in Article 2(1) of Directive 90/314 on package travel, package holidays and package tours, must be interpreted so as to include holidays organised by travel agents, at the request of and in accordance with the specifications of a consumer or limited group of consumers. According to the definition of package given in Article 2(1) of the directive, which is designed amongst other things to protect consumers who buy package holidays, it is enough if, first, the combination of tourist services sold by a travel agency at an inclusive price includes two of the three services referred to in that paragraph and, second, that service covers a period of more than 24 hours or includes overnight accommodation. There is nothing in that definition to suggest that holidays organised at the request of and in accordance with the specifications of a consumer or a defined group of consumers cannot be regarded as package holidays within the meaning of the Directive. That interpretation is reinforced by the directive, which provides that among the elements to be included in a contract covered by the directive are special requirements which the consumer has communicated to the organiser or retailer when making the booking, and which both have accepted. As the definition of package referred to in Article 2(1) of Directive 90/314 on package travel, package holidays and package tours includes holidays organised in accordance with the consumer's specifications, the term pre-arranged combination used in that provision necessarily covers cases where the combination of tourist services is the result of the wishes expressed by the consumer up to the moment when the parties reach an agreement and conclude the contract. The term pre-arranged combination used in Article 2(1) of Directive 90/314 must be interpreted so as include combinations of tourist services put together at the time when the contract is concluded between the travel agency and the consumer.
Directive 90/314 on package travel
[ Bailii ]
 
Secretary of State for Environment, Food and Rural Affairs v ASDA Stores Ltd and Another Times, 27 June 2002; Gazette, 08 August 2002
24 Jun 2002
QBD
Lord Justice Rose and Mr Justice Gibbs
Consumer, European
The defendant store had been accused of failing to comply with standards for grading of agricultural produce. They had been acquitted, following Mayne, on the basis that the prosecution was under European regulations introduced after the Act creating the offence had been enacted. Held: Mayne's case dealt with Directives, and they were not directly comparable with regulations having direct effect. Nevertheless, it remained for Parliament to state what was criminal behaviour and what was not. The offence under the emended regulations was indeed unknown to English law.
Agriculture and Horticulture Act 1964 14 - Grading of Horticulture Produce (Amendment) Regulations 1973 (SI 1973 No 22)
1 Cites


 
XYZ and others v Schering Health [2002] EWHC 1420 (QB); (2002) 70 BMLR 88
29 Jul 2002
QBD
Mackay J
Consumer, Consumer, Personal Injury
The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products.
1 Cites

1 Citers

[ Bailii ]
 
XYZ and others v Schering Health [2002] EWHC 1420 (QB); (2002) 70 BMLR 88
29 Jul 2002
QBD
Mackay J
Consumer, Consumer, Personal Injury
The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products.
1 Cites

1 Citers

[ Bailii ]

 
 Lavin v Johnson; CA 31-Jul-2002 - [2002] EWCA Civ 1138
 
Verein fur Konsumenteninformation v Karl Heinz Henkel C-167/00; [2002] EUECJ C-167/00; [2002] ECR I-8111
1 Oct 2002
ECJ

European, Consumer
Europa Brussels Convention - Article 5(3) - Jurisdiction in matters relating to tort, delict or quasi-delict - Preventive action by associations - Consumer protection organisation seeking an injunction to prevent a trader from using unfair terms in consumer contracts
VKI sought an injunction in Austria to prevent Herr Henkel relying upon a contract term alleged to be unfair under the Austrian transposition of Directive 93/13. Held: Though Herr Henkel was domiciled in Germany the action could proceed in Austria under the terms of Article 5(3) of the Brussels Convention. VKI was not a contracting party (it was a consumer protection group) and the action did not (Article 5(1)) relate to a contract. But the action did concern "matters relating to tort, delict or quasi-delict" and could therefore be pursued by VKI in Austria, "the place where the harmful event occurred". The Court explained the effect of its case law as: "the concept of matters relating to tort, delict, or quasi-delict within the meaning of Article 5(3) of the Brussels Convention covers all actions which seek to establish the liability of the defendant and are not matters relating to a contract within the meaning of Article 5(1) of that convention"
The phrase "tort, delict and quasi-delict" covered Herr Henkel's "non-contractual obligation to refrain in his dealings with consumers from certain behaviour deemed unacceptable by the legislature". The national law of Austria permitted VKI to seek an injunction against anyone who sought to rely on general contract terms and conditions which were "contrary to a statutory prohibition or are unconscionable".
A third party seeking to enforce a 'statutory prohibition' against a non-domicile is bringing an action in tort, delict or quasi-delict for the purposes of Article 5(3).
1 Citers

[ Bailii ]
 
Cook and Another v National Westminster Bank Plc [2002] EWCA Civ 1556
21 Oct 2002
CA
Chadwick LJ
Banking, Consumer

[ Bailii ]
 
Brighton and Hove District Council v Woolworths plc Times, 27 November 2002
11 Nov 2002
QBD
Laws LJ, Field J
Consumer, Local Government, Crime
The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area. Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.
Consumer Protection Act 1987 14 27

 
Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd Times, 13 December 2002; [2002] EWHC 2379 (Admin)
14 Nov 2002
Admn

Financial Services, Consumer, Commercial
The Ombudsman had found that the applicant had unfairly failed to notify its customers of the availability of better accounts, once it discontinued accounts of one type. The Society appealed saying that the finding of unfairness arose from matters outside the scope of the Code. Held: The finding did go outside the strict range of the Code. Nevertheless, the code was to be interpreted in a purposive, and non-technical way, and the Ombudsman had some considerable discretion. There were arguments each way as to the fairness or unfairness of the decision, but the court could only intervene if the decision was so bad as to be irrational. That was not the case here.
Banking Code 1998
1 Cites

[ Bailii ]
 
Commission v Ireland C-316/00 [2002] EUECJ C-316/00
14 Nov 2002
ECJ

Consumer
(Judgment) Failure of a Member State to fulfil its obligations - Directive 80/778/EEC - Quality of water intended for human consumption - Incomplete implementation
[ Bailii ]
 
Cofidis SA v Jean-Louis Fredout [2002] ECR I-10875; C-473/00; [2002] EUECJ C-473/00
21 Nov 2002
ECJ
A. Tizzano
European, Consumer
ECJ Directive 93/13/EEC - Unfair terms in consumer contracts - Action brought by a seller or supplier - National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.
The question of whether a domestic procedural provision does render it virtually impossible or excessively difficult to exercise an EU right, must be analysed by assessment of the procedural rules in its factual legal context
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
1 Citers

[ Bailii ]
 
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