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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: 2003 To: 2003

This page lists 19 cases, and was prepared on 20 May 2019.

 
Lovell Projects Ltd v Legg and Carver [2003] BLR 452
2003

Judge Moseley QC
Construction, Consumer
The court was asked whether the regulations applied to a construction contract.
Unfair Terms in Consumer Contracts 1992
1 Citers


 
Commission v Italy C-388/01 Times, 30 January 2003; [2003] EUECJ C-388/01; [2003] ECR I-721
16 Jan 2003
ECJ

Consumer
Europe Failure to fulfil obligations - Free movement of services - Non-discrimination - Articles 12 EC and 49 EC - Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments - Preferential rates granted by local or decentralized State authorities.
Complaint was made that the Italian Republic discriminated against nationals of other member states by allowing advantageous rates of entry for its own nationals to museums, monuments, art galleries, archeological digs, and parks and gardens. Held: The reasons put forward in justification, namely an attempt to preserve the cohesion of the tax system, and economic considerations, were not sufficient. The matters were the responsibility of the state even if the actual decisions were made by local authorities.
EC Treaty 812 49
1 Citers

[ Bailii ]
 
Commission v Italy (Judgment) Times, 21 January 2003; C-14/00; [2003] EUECJ C-14/00; C-14/00
16 Jan 2003
ECJ

European, Intellectual Property, Consumer
The Italian state created a law which required producers of chocolate containing vegetable fats other than cocoa, to label it as 'chocolate substitute' The Commission challenged the law. The Italians contended that the Directive operated so as fully to state the law relating to the labelling of chocolate. Held: The requirement operated so as to infringe the Treaty. The directive imposed some restrictions on the use on non-cocoa butter fats and on labelling, but was clear in its terms that it was not intended to be a complete harmonisation of the law to replace national rules. In the absence of such complete harmonisation, the Italian law operated to act a brake on marketing such products by denigrating them. Whilst it was proper to ensure that consumers knew what was in what they were eating, but the product was not so different as to justify the requirement.
EC Treay 30 - Council Directive 73/241/EEC on the approximation of law relating to cocoa etc products
[ Bailii ]
 
Bankers Insurance Company Limited v Patrick South, Mark Ian Gardner [2003] EWHC 380 (QB)
7 Mar 2003
QBD
The Honourable Mr Justice Buckley
Insurance, Personal Injury, Consumer
The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the exclusion was unfair under the Regulations. Held: The policy was neither unfair nor worded unclearly, and was not affected by the Regulation. A jet ski is a water craft. It was asserted that the clause requiring immediate notification was unfair. This failed. Declaration granted.
Unfair Terms in Consumer Contracts Regulations 1994 3
1 Cites

1 Citers

[ Bailii ]
 
Clegg v Olle Andersson (T/A Nordic Marine) [2003] EWCA Civ 320; Times, 14 April 2003; Gazette, 22 May 2003; [2003] 2 Lloyd's Rep 32
11 Mar 2003
CA
Lady Justice Hale The Vice-Chancellor Lord Justice Dyson
Contract, Consumer
The claimant agreed to purchase a yacht from the defendants with a keel to the manufacturer's standard specifications. The keel actually installed was rather heavier. After correspondence, the claimant rejected the yacht and required the return of the the purchase price. The respondent said the exercise of a right of rejection was unreasonable, given that the manufacturer had offered to correct the defect. Held: Though a repair had been undertaken the right to reject had not been lost. The buyer had maintained his demand for information about the defect. Whether or not a buyer has had a reasonable time to inspect the goods is only one of the questions to be answered in ascertaining whether there has been acceptance in accordance with subsection (4). Subsection (6)(a) shows that time taken merely in requesting or agreeing to repairs for carrying them out, is not to be counted. The purchasers' failure to mitigate their loss became irrelevant when the right of rejection was used. There is no requirement that the exercise of the right of rejection should be subject to any condition of reasonableness.
Sale of Goods Act 1979 13(1) 14(2)
1 Cites

1 Citers

[ Bailii ]
 
North Yorkshire Trading Standards Regulatory Services, Regina (on the Application Of) v Nicholson [2003] EWHC 1022 (Admin)
31 Mar 2003
Admn

Consumer, Crime

[ Bailii ]

 
 Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2); HL 10-Jul-2003 - Gazette, 18 September 2003; Times, 11 July 2003; [2003] UKHL 40; [2003] 3 WLR 568; [2004] 1 AC 816; [2003] 2 All ER (Comm) 491; [2003] HRLR 33; [2003] UKHRR 1085; [2003] 4 All ER 97
 
Monsanto Agricoltura Italia SpA and Others v Presidenza del Consiglio dei Ministri and Others C-236/01; [2003] EUECJ C-236/01
9 Sep 2003
ECJ

Consumer, Environment
ECJ Reference for a preliminary ruling: Tribunale amministrativo regionale del Lazio - Italy. Regulation (EC) No 258/97 - Novel foods - Placing on the market - Safety assessment - Simplified procedure - Substantial equivalence to existing foods - Foods produced from genetically modified maize - Presence of residues of transgenic protein - Measure by a Member State temporarily restricting or suspending the trade in or use of a novel food in its territory.
[ Bailii ]
 
Commission of the European Communities v Italian Republic C-22/02; [2003] EUECJ C-22/02
11 Sep 2003
ECJ

Consumer
Failure of a Member State to fulfil obligations - Failure to implement Directive 1999/94/EC.
[ Bailii ]

 
 Khatun, Zeb, Iqbal v London Borough of Newham; Admn 10-Oct-2003 - [2003] EWHC 2326 (Admin)
 
Southern and District Finance Plc v Elizabeth Mary Turner [2003] EWCA Civ 1574
7 Nov 2003
CA
Lord Justice Brooke Sir Martin Nourse Lord Justice Longmore
Consumer, Litigation Practice
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time. Held: The rules required an application to be supported by evidence. In this case the leave had been granted without formal consideration of the need for an application for leave.The matter should be treated as an application to the Court of Appeal. As to the substantive issue, this was a matter which should be heard, and the leave to appeal was given.
Consumer Credit Act 1974
1 Cites

[ Bailii ]
 
Greene King Plc v Harlow District Council [2003] EWHC 2852 (Admin)
17 Nov 2003
Admn
Goldring J
Crime, Consumer

Food Safety (General Food Hygiene) Regulations 1995 4(1)
[ Bailii ]
 
Shogun Finance Limited v Hudson [2003] UKHL 62; Times, 20 November 2003; [2003] 3 WLR 1627; [2004] 1 LLR 532; [2004] 1 All ER 215; [2004] 1 AC 1101; [2004] 1 Lloyd's Rep 532; [2004] RTR 12; [2004] PIQR P20; [2004] ELR 11; [2004] 1 All ER (Comm) 332
19 Nov 2003
HL
Lord Nicholls of Birkenhead, Lord Hobhouse of Woodborough, Lord Millett, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe
Contract, Torts - Other, Consumer
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car. Held: (Lords Nicholls and Millett dissenting) The rogue had not acquired a title, and could not therefore pass one. The terms of the contract were clear. Other circumstances were not available to construe a clear written contract. The question was whether the rogue was a debtor under the agreement. He was not, and could not pass title.
Hire Purchase Act 1964 27(1) 27(2) 29(4)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Tesco Stores Ltd v London Borough of Harrow [2003] EWHC 2919 (Admin)
21 Nov 2003
Admn
Newman J
Consumer, Crime
The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: "The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have lead the prosecuting authority to have reasonable grounds to believe that an offence had been committed by a person identified to it. Discovering the offence should be taken to mean discovering grounds sufficient to found a reasonable belief that an offence has been committed."
Food Safety Act 1990 4
1 Cites

1 Citers

[ Bailii ]
 
Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender [2003] EWHC 2834 (Ch)
25 Nov 2003
ChD
The Honourable Mr Justice Peter Smith
Consumer, Contract, Land, Registered Land
Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer "unless a contrary intention is expressed" in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power to revoke an order made under the earlier rules. Peter Smith J: "In my opinion, section 114 LPA 1925, either has no impact in the case of a transfer of a registered charge under registered land or its effects are subject to the need for the transferee to become registered proprietor under the LRA regime." and
"In my judgment although s. 114 LPA does not say so it is not intended to apply to transfers of registered charges under the LRA 1925. The regime for transferring those charges is the statutory regime to which I have made reference above."
"That does not mean that section 114 will have no effect."
Law of Property Act 1925 114
1 Citers

[ Bailii ]
 
Nottingham City Council v Wolverhampton and Dudley Breweries [2003] EWHC 2847 (Admin); Times, 03 December 2003
27 Nov 2003
QBD
Lord Justice Kennedy Mr Justice Royce
Consumer, Crime
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed. Held: The owner was liable. The words of the Act must be given their ordinary and natural meaning. There was no distinct rule just because the food sold was also alcohol. Section 14 had to apply to all foods, and a separate regime for licensed and non-licensed sales would be inappropriate.
Food Safety Act 1990 14
1 Cites

[ Bailii ]
 
Thew v Cole; King v Daltray Times, 15 January 2004; [2003] EWCA Civ 1828
16 Dec 2003
CA
Tuckey, Jonathan Parker, LJJ, Evans Lombe J
Consumer, Contract
Issues arose as to whether car hire agreements were exempt from regulation under the Act. They provided that payment was to be made in 12 months 'from the start of the agreement'. Held: The first question was whether the time by which the hirer was required to make payment coincided with the end of the period of deferment or followed it. There were not two times, but just one. As the period expired the payment became due. Was this 'within a period not exceeding twelve months'? Yes, the period was defined as 'not more than twelve months' The agreement was ambiguous and was to be construed against the hire company.
Consumer Credit Act 1974
1 Cites

[ Bailii ]
 
Drake Insurance Plc (In Provisional Liquidation) v Provident Insurance Plc [2003] EWCA Civ 1834
17 Dec 2003
CA
Lord Justice Clarke Lord Justice Pill Lord Justice Rix
Insurance, Consumer

[ Bailii ]
 
National Association of Health Stores and Another v Secretary of State for Health and Another [2003] EWHC 3133 (Admin)
19 Dec 2003
Admn

Consumer, Health, Licensing

Medicines Act 1968 168
1 Citers

[ Bailii ]
 
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