The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial situation did not apply where the creditor was within the UK. Section 75(2) is therefore an inadequate basis for implying a limitation in the scope of section 75(1). Even at the time of the Act it was anticipated that such arrangements may involve a foreign aspect.
Lord Hoffmann , Lord Hope of Craighead , Lord Walker of Gestingthorpe , Lord Brown of Eaton-under-Heywood, Lord Mance
[2007] UKHL 48, [2007] 3 WLR 733
Bailii
Consumer Credit Act 1974 75(1) 75(2)
England and Wales
Citing:
Cited – Ex parte Blain; In re Sawers CA 1-Aug-1879
Where legislation regulates the conduct of an individual, it may be so construed as to limit it to conduct by United Kingdom citizens anywhere.
James LJ referred to ‘broad, general, universal principle that English legislation, unless the . .
Cited – Clark (Inspector of Taxes) v Oceanic Contractors Inc HL 16-Dec-1982
HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
Cited – English v Donnelly 1958
An agreement to subject to a foreign law a relationship which is in all other respects domestic equates with or is analogous to a contrary agreement. . .
At First Instance – Office of Fair Trading v Lloyds TSB Bank Plc and others ComC 12-Nov-2004
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad. . .
Appeal from – Office of Fair Trading v Lloyds TSB Bank Plc and others CA 22-Mar-2006
The OFT appealed a decision denyng that a credit card issuer had connected lender liability in respect of purchase by card holders abroad.
Held: The company took the benefit of having its card accepted by suppliers abroad, and therefore also . .
Cited – Quintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .
Lists of cited by and citing cases may be incomplete.
Banking, Consumer
Updated: 10 December 2021; Ref: scu.260311