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: 2004 To: 2004
This page lists 18 cases, and was prepared on 20 May 2019.
Northumberland County Council v PR Manufacturing Ltd [2004] EWHC 112 (Admin)
30 Jan 2004
Admn
Consumer, Crime
Trade Descriptions Act 1968 1(1)(A)
[ Bailii ]
Bairstow Eves London Central Ltd v Smith and Another [2004] EWHC 263 (QB); [2004] 29 EG 118; [2004] 2 EGLR
20 Feb 2004
QBD
Gross J
Consumer
Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083)
1 Citers
[ Bailii ]
London Borough of Newham v Khatun, Zeb and Iqbal [2004] EWCA Civ 55; Times, 27 February 2004; [2005] QB 37; [2004] NPC 28; [2004] HLR 29; [2004] BLGR 696; [2004] 3 WLR 417; [2004] Eu LR 628
24 Feb 2004
CA
Lord Justice Laws Lord Justice Auld Mr Justice Wilson
Housing, Consumer
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants' views to hold sway. At first instance the court held the tenant to have a right to express a view, but that right was not granted by statute nor common law considerations of procedural fairness. However the terms of a tenancy were governed by Unfair Contract Term Regulations so as to disallow unfair terms. The dominant purpose of the European Directive implemented by the 1999 Regulations is that of consumer protection, albeit promoted in the context of the internal market. The 1999 Regulations do apply to contracts affecting land.
Laws LJ: "I am clear that the applicant's subjective view of suitability is not a factor which a reasonable council is obliged in principle to regard as relevant to their decision . . . No doubt where an authority operates a procedure by which an applicant is in fact afforded an opportunity to view and comment, it would be difficult see how the authority might then rationally decline to consider what the applicant had to say. Of course I do not suggest that the applicant's views are not capable of being treated by a reasonable authority as relevant to its decision. I hold only that they are not required by law to be so treated."
Unfair Terms in Consumer Contract Regulations 1999
1 Cites
1 Citers
[ Bailii ]
Food Standards Agency, Regina (on the Application Of) v Brent Justices and Another [2004] EWHC 459 (Admin)
27 Feb 2004
Admn
Consumer
Food Safety Act 1990 9
[ Bailii ]
Payless Travel Ltd v Baba Krupa Holidays; CA 26-Mar-2004 - [2004] EWCA Civ 472
Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter C-237/02; [2004] EUECJ C-237/02; [2004] ECR I-3403; [2004] 2 CMLR 13
1 Apr 2004
ECJ
European, Consumer, Contract
ECJ Directive 93/13/EEC - Unfair terms in consumer contracts - Contract for the building and supply of a parking space - Reversal of the order of performance of contractual obligations provided for under national law - Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations - Obligation on the seller or supplier to provide a guarantee.
The Court considered the role of the ECJ and of the national court in relation to the determination as to whether a particular term was unfair. It stated that the issue of unfairness turned on all the facts and was for the national court. Directive 93/13/EEC of 5 April 1993 on unfair terms and consumer contracts, which the Regulations implement, applies to contracts in respect of land.
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
1 Citers
[ Bailii ]
Stewart v Perth and Kinross Council [2004] UKHL 16; Times, 06 April 2004; [2004] 28 SLLP 32; 2004 SCLR 849; 2004 GWD 12-273; 2004 SLT 383
1 Apr 2004
HL
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
Licensing, Local Government, Consumer
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements. Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. "The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities." Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Civic Government (Scotland) Act 1982 - Sale of Goods Act 1979 13
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Feldarol Foundry Plc v Hermes Leasing (London) Ltd and Another [2004] EWCA Civ 747
11 May 2004
CA
Contract, Consumer
[ Bailii ]
London Borough of Newham, Regina (on the Application of) v Stratford Magistrates' Court [2004] EWHC 2506 (Admin)
12 Oct 2004
Admn
Davis J
Consumer, Magistrates
1 Cites
1 Citers
[ Bailii ]
Bryen and Langley Limited v Boston [2004] EWHC 2450 (TCC)
4 Nov 2004
TCC
His Honour Judge Richard Seymour
Construction, Contract, Consumer
1 Citers
[ Bailii ]
Kilhey Court Hotels Ltd v Wigan Metropolitan Borough Council [2004] EWHC 2890 (Admin)
4 Nov 2004
Admn
Consumer, Crime
Food Safety Act 1990 2(1)
[ Bailii ]
Antonio Niselli C-457/02; [2004] EUECJ C-457/02; C-457/02
11 Nov 2004
ECJ
European, Environment, Consumer
(Environment And Consumers) French Text
[ Bailii ]
Office of Fair Trading v Lloyds TSB Bank Plc and others [2004] EWHC 2600 (Comm); [2005] 1 All ER 843; [2005] 1 All ER (Comm) 354
12 Nov 2004
ComC
Gloster J
Consumer, Banking
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad.
Consumer Credit Act 1974 75
1 Citers
[ Bailii ]
Commission -c- Italy C-447/03; [2004] EUECJ C-447/03
25 Nov 2004
ECJ
European, Environment, Consumer
[ Bailii ]
Commission v Italy - C-97/04 [2004] EUECJ C-97/04
2 Dec 2004
ECJ
K. Lenaerts, P
Environment, Consumer
Environment and Consumers - Failure to fulfill obligations - Directive 2000/76/EC - Incineration of waste - Failure
Directive 2000/76/EC
[ Bailii ]
Commission v Portugal C-48/04 ECLI:EU:C:2004:772; [2004] EUECJ C-48/04
2 Dec 2004
ECJ
Consumer, Environment
Fulfill obligations - Directive 2000/76 / EC - Incineration of waste - Failure to transpose
[ Bailii ]
Lewin v Purity Soft Drinks Ltd [2004] EWHC 3119 (Admin)
14 Dec 2004
Admn
Consumer, Crime
Trade Descriptions Act 1968
[ Bailii ]
Commission v France - French Text [2004] EUECJ C-172/04
15 Dec 2004
ECJ
European, Environment, Consumer
[ Bailii ]