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Rochdale Borough Council v Dixon: CA 20 Oct 2011

The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011

The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

The OFT alleged that certain standard terms in the defendant’s letting agent contracts were unfair. The agent had withdrawn the former terms, but relief was still sought on those terms and their effect, and as to the fairness of the new ones. The terms had sought continued remuneration after any tenancy renewal even if they … Continue reading The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

Overy v Paypal (Europe) Ltd: QBD 2 Mar 2012

The claimant had sought to conduct a competition to sell his house, the entry fees being collected by the defendant internet payment services provider. The defendant terminated the service to him, and he complained that that caused him substantial damages, and that the terms were unfair. Held: ‘Mr Overy is not entitled to the protection … Continue reading Overy v Paypal (Europe) Ltd: QBD 2 Mar 2012

Starmark Enterprises Ltd v CPL Distribution Ltd: CA 31 Jul 2001

The parties were landlord and tenant. The landlords served a notice to increase the rent, but the tenant failed to serve a counter-notice within the relevant period. The landlord claimed the tenant was bound, and appealed a decision against them. Held: The appeal succeeded. The Mecca case was wrongly decided. The deeming provision in the … Continue reading Starmark Enterprises Ltd v CPL Distribution Ltd: CA 31 Jul 2001

Jones and Another v Roundlistic Ltd: CA 19 Oct 2018

The Court considered the application of the 1999 Regulations to the terms of a lease granted as an extension to an earlier lease under the 1993 Act. Citations: [2018] EWCA Civ 2284 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993, Unfair Terms in Consumer Contracts Regulations 1999 Jurisdiction: England and Wales Landlord … Continue reading Jones and Another v Roundlistic Ltd: CA 19 Oct 2018

Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

The claimant, a customer of the defendant had been charged sums when he went overdrawn beyond his limit. He claimed that the sums were unlawful penalties under the Regulations. The bank said that it had refunded the charges. The claimant sought exemplary and aggravated damages. Held: The claim should not proceed. The claimant had deliberately … Continue reading Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

Director General of Fair Trading v First National Bank Plc: CA 15 Sep 1999

A bank had a clause in its standard terms which provided that it could continue to recover interest at the contract rate after judgment for default. The clause was an unfair term. The clause allowed a bank to impose an arrangement for repayment by instalments without the court having the opportunity to judge the level … Continue reading Director General of Fair Trading v First National Bank Plc: CA 15 Sep 1999

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 2011

The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers. Held: Whether a party is a commercial agent within the meaning of the Directive or the Regulations is a straightforward matter, to be determined by reference … Continue reading Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 2011

Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007

The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum set by its contract. The defendant said that the claimant had been … Continue reading Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed. Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the injuncion to contracts not already in existence. It should extend to existing contracts. The Regulations were … Continue reading Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

Barclays Bank Plc v Kufner: ComC 10 Oct 2008

barclays_kufnerComC2008 The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish its charge. Held: The application succeeded. There was no duty … Continue reading Barclays Bank Plc v Kufner: ComC 10 Oct 2008

AJ Building and Plastering Ltd v Turner and Others: QBD 11 Mar 2013

An insurance company had engaged a main contractor to handle repairs to houses insured under its policies. The contractor had engaged the claimant subcontractor to carry out the works at the defendants’ homes, but then went into insolvent liquidation before the works were paid for. The claimant now sought payment direct from the insured. The … Continue reading AJ Building and Plastering Ltd v Turner and Others: QBD 11 Mar 2013

Director General of Fair Trading v First National Bank: HL 25 Oct 2001

The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001

Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009

The OFT had sought to enquire as to the fairness of the terms on which banks conducted their accounts with consumers, and in particular as to how they charged for unauthorised overdrafts. The banks denied that the OFT had jurisdiction, and now appealed against an order against them. Held: An assessment of the fairness of … Continue reading Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009

The County Homesearch Company (Thames and Chilterns) Ltd v Cowham: CA 31 Jan 2008

The defendants contracted to pay estate agents to find them a house. They completed the purchase of a property mentioned to them three times by the agent, but now appealed from a finding that they were obliged to pay his commission. The judge found that it was not implied into the contract that the commission … Continue reading The County Homesearch Company (Thames and Chilterns) Ltd v Cowham: CA 31 Jan 2008

London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004

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 … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004

Peabody Trust v Reeve: ChD 2 Jun 2008

The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would … Continue reading Peabody Trust v Reeve: ChD 2 Jun 2008

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