Tag: Consumer

In Re Medicaments and Related Classes of Goods: RPC 14 Apr 1999

Before granting leave to review the exemption of a class of goods from the resale price maintenance prohibition, there must be established prima facie evidence of a material change in circumstances, which might have led the earlier court to a different conclusion.

Citations:

Times 14-Apr-1999

Statutes:

Resale Prices Act 1976 17

Jurisdiction:

England and Wales

Cited by:

See Also – In Re Medicaments and Related Classes of Goods (No 2) RPC 17-Nov-2000
Part way into a trial, one of the judges in a case applied for a position with a company. She discovered that a director of that company was due to give evidence. She brought the circumstances to the attention of the remaining court and parties. She . .
See Also – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
See also – In re Medicaments and Related Classes of Goods (No 4) CA 26-Jul-2001
The parties had expended very considerable sums preparing for a hearing. The hearing became abortive when it was questioned whether a member of the court had given the appearance of bias. The parties sought payment of their wasted costs from the . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 20 December 2022; Ref: scu.82054

Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd: Admn 14 Nov 2002

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.

Citations:

Times 13-Dec-2002, [2002] EWHC 2379 (Admin)

Links:

Bailii

Statutes:

Banking Code 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Regina v Director of Passenger Rail Franchising, Ex Parte Save Our Railways and Others Etc CA 18-Dec-1995
A requirement that new services should be ‘based upon’ the present timetables did not mean that the services had to be at same level. It was possible that they may be a lesser service, though there should be no significant departures from such . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Consumer, Commercial

Updated: 09 December 2022; Ref: scu.178117

Novo Nordisk Pharma: ECJ 20 Nov 2014

ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of notification of that directive – Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained

Judges:

L Bay Larsen, P

Citations:

[2014] EUECJ C-310/13, ECLI:EU:C:2014:2385

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Citing:

Opinion – Novo Nordisk Pharma ECJ 11-Jun-2014
ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.567371

Novo Nordisk Pharma: ECJ 11 Jun 2014

ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a national system of liability for inter alia obtaining information on the side effects of pharmaceuticals

Judges:

Maciej Szpunar AG

Citations:

C-310/13, [2014] EUECJ C-310/13 – O

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Cited by:

Opinion – Novo Nordisk Pharma ECJ 20-Nov-2014
ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.526444

Oakley v Birmingham City Council: QBD 8 Jan 1999

The justices had concluded that the layout itself of premises was so unhygienic as to be ‘in a state prejudicial to health.’ The small toilets without a wash basin and next to the kitchen created a risk of cross-infection, and were a statutory nuisance.

Citations:

Times 08-Jan-1999

Statutes:

Environmental Protection Act 1990 79

Jurisdiction:

England and Wales

Cited by:

Appeal from – Birmingham City Council v Oakley HL 29-Nov-2000
When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory . .
Lists of cited by and citing cases may be incomplete.

Consumer, Nuisance, Housing

Updated: 26 November 2022; Ref: scu.84406

Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.

Judges:

Beldam LJ, Kennedy and Aldous LJJ

Citations:

Gazette 17-Sep-1997, Times 03-Oct-1997, [1997] EWCA Civ 2282, [1998] QB 948, [1998] 1 All ER 997

Links:

Bailii

Statutes:

Estate Agents Act 1979 3(2)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Lists of cited by and citing cases may be incomplete.

Administrative, Consumer

Updated: 09 November 2022; Ref: scu.77822

Regina v Docklands Estates Ltd: CACD 22 Sep 2000

The offence committed by an estate agent of erecting ‘House Sold’ signs outside house in which it had had no instructions, was the offence of giving a false indication that services were supplied. The offence was commercial, and the penalty should be judged accordingly. The offence was unsightly, was for commercial gain, and to the disadvantage of honest agents. Current fines levels were too low, and a fine of pounds 2,000 per offence was a proper level.

Citations:

Times 22-Sep-2000

Statutes:

Trade Descriptions Act 1968 13

Jurisdiction:

England and Wales

Criminal Sentencing, Consumer

Updated: 06 November 2022; Ref: scu.85237

Solitaire Property Management Company and Another v Holden and Others: UTLC 10 Apr 2012

UTLC LANDLORD AND TENANT – service charge – reserve funds – lease providing that reserve funds could be used to meet any temporary deficiencies in monies available for general expenditure – whether LVT should have embarked on any consideration of the question of whether monies from the reserve funds had been so spent and (if so) whether any legally sufficient reasons given for its conclusions on this point and related points (raised by LVT) under Article 1 of First Protocal of ECHR and under the Unfair Terms in Consumer Contracts Regulations 1999 – jurisdiction of LVT – whether LVT entitled to disagree with and to refuse to follow a High Court decision regarding application of s.20(B) Landlord and Tenant Act 1985 – reasonableness of service charges – costs

Judges:

Huskinson Judge

Citations:

[2012] UKUT 86 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 20B, Unfair Terms in Consumer Contracts Regulations 1999

Jurisdiction:

England and Wales

Landlord and Tenant, Human Rights, Consumer

Updated: 01 November 2022; Ref: scu.460252

Cheltenham and Gloucester Building Society Plc v Norgan: CA 5 Dec 1995

The starting point for assessing the period of time over which a court should order the repayment of arrears under a mortgage, when considering the need for a possession order, is the remaining balance of mortgage term.

Judges:

Evans, Waite LJJ, Sir John May

Citations:

Gazette 17-Jan-1996, Independent 14-Dec-1995, Times 08-Dec-1995, [1995] EWCA Civ 11, [1996] 1 WLR 343, [1996] 1 All ER 449, (1996) 28 HLR 443

Links:

Bailii

Statutes:

Administration of Justice Act 1970 30, Administration of Justice Act 1973 8

Jurisdiction:

England and Wales

Consumer, Housing, Land

Updated: 27 October 2022; Ref: scu.79006

Regina v Monopolies and Mergers Commission ex parte National House Building Council: CA 20 Jan 1994

There must be established a causal link between an alleged monopolistic practice and the resulting action, before the one can be attributed to the other under the Act.

Citations:

Times 25-Jan-1994, Independent 20-Jan-1994

Statutes:

Fair Trading Act 1973 48(d)

Jurisdiction:

England and Wales

Consumer, Commercial

Updated: 26 October 2022; Ref: scu.87375

Lease Management Services Ltd v Purnell Secretarial Services Ltd: CA 1 Apr 1994

A leasing company adopting the style of a like supplier had to adopt that supplier’s representations.

Citations:

Times 01-Apr-1994, [1994] CCLR 127

Jurisdiction:

England and Wales

Cited by:

Cited – Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd TCC 8-Mar-2000
Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable . .
Lists of cited by and citing cases may be incomplete.

Consumer, Agency

Updated: 26 October 2022; Ref: scu.82976

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

ECJ Directive 93/13/EEC – Article 3(1) and (3) – Articles 6 and 7 – Consumer contracts – Unfair terms – Unilateral amendment of the terms of a contract by a seller or supplier – Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation – Declaration of the unfair nature of a term – Legal effects

Citations:

C-472/10, [2012] EUECJ C-472/10, ECLI:EU:C:2012:242

Links:

Bailii

Statutes:

Directive 93/13/EEC

Jurisdiction:

European

Citing:

Opinion – Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt ECJ 6-Dec-2011
ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 3(1) in combination with points 1(j) and 2(d) of the annex – Articles 6 and 7 – Unfair terms in consumer contracts – Contract term that entitles . .
Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 07 October 2022; Ref: scu.453047

Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010

(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament.
Held: The petition for judicial review was rejected. None of the appellants’ challenges to the legislative competence of the Scottish Parliament to pass sections 1 and 9 of the 2010 Act were well founded.

Judges:

Lord Bracadale

Citations:

[2010] ScotCS CSOH – 134, 2010 SLT 1203, 2010 GWD 32-655

Links:

Bailii

Statutes:

Tobacco and Primary Medical Services (Scotland) Act 2010 1(1) 9, Scotland Act 1998 29(1)

Jurisdiction:

Scotland

Cited by:

Opinion – Imperial Tobacco Ltd v The Lord Advocate SC 12-Dec-2012
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Consumer

Updated: 25 August 2022; Ref: scu.425209

Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

Application by the joint administrators of LSF for directions arising out of loan agreements made or acquired by LSF before the administration began, under which secured loans were made to consumers but which were unenforceable because they contravened provisions of the Consumer Credit Act 1974.
Held: The phrase ‘realisation of the security’ in section 106, is to be interpreted conventionally to achieve the policy objective (section 113) that the security provided under the regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In a secured loan to which section 106(d) applied, the provisions did not catch all sums paid by the debtor in discharge of the loan.

Judges:

Sir Terence Etherton Ch

Citations:

[2013] EWHC 4047 (Ch), [2013] WLR(D) 498, [2014] Bus LR 424, [2013] CTLC 231

Links:

Bailii, WLRD

Statutes:

Insolvency Act 1986, Consumer Credit Act 1974 106(d)

Jurisdiction:

England and Wales

Insolvency, Consumer, Banking

Updated: 14 August 2022; Ref: scu.519223

Rosalba Alassini and Others: ECJ 19 Nov 2009

ECJ (Environment And Consumers) Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC Mandatory out-of-court dispute resolution as a condition for the admissibility of legal proceedings Principle of effective judicial protection.

Citations:

C-320/08, [2009] EUECJ C-320/08 – O

Links:

Bailii

Statutes:

Directive 2002/22/EC

Jurisdiction:

European

Cited by:

Opinion – Rosalba Alassini and Others ECJ 18-Mar-2010
Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end’users and providers Mandatory to attempt an out-of-court . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 11 August 2022; Ref: scu.384081

Bowland Dairy Products v Commission (Environment And Consumers): ECFI 29 Oct 2009

ECJ Action for damages Regulation (EC) No 178/2002 – Rapid alert system Supplementary notification – Competence of the national authorities Commission’s opinion not binding Modification of the subject-matter of the dispute Inadmissibility.

Citations:

T-212/06, [2009] EUECJ T-212/06

Links:

Bailii

Statutes:

Regulation (EC) No 178/2002

Jurisdiction:

European

Agriculture, Consumer

Updated: 05 August 2022; Ref: scu.380276

Ilsinger v Martin Dreschers: ECJ 11 Sep 2008

ECJ (Area Of Freedom, Security and Justice) Regulation (EC) No 44/2001 Article 15 (1) (c) Jurisdiction over consumer contracts Promise of consumer gain Conclusion of a contract Consumer protection Continuity between the Brussels Convention and the Regulation (EC) No 44/2001

Citations:

C-180/06, [2008] EUECJ C-180/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Ilsinger v Martin Dreschers ECJ 14-May-2009
Jurisdiction in civil and commercial matters ‘ Regulation (EC) No 44/2001 ‘ Jurisdiction over consumer contracts ‘ Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 19 July 2022; Ref: scu.276381

Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008

The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974.
Held: In the context of the panel solicitor’s agreement in question, ‘remaining liability’ imported something which was enforceable. The creditor had no right of recovery against the solicitors.

Judges:

Lawrence Collins LJ

Citations:

[2008] EWCA Civ 841, [2009] CCLR 4

Links:

Bailii

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Consumer

Updated: 17 July 2022; Ref: scu.270892

Rampion et Godard, epouse Rampion v Franfinance SA et K par K SAS: ECJ 29 Mar 2007

ECJ Directive 87/102 / EEC Credit for consumption interdependence between the credit agreement and the contract of sale of goods or services financed Terms mention goods or services financed in the credit agreement Applicability of office by the national court of the domestic provisions on the interdependence between the credit agreement and the sales contract adopted in transposition of the Directive

Citations:

C-429/05, [2007] EUECJ C-429/05, [2008] Bus LR 715, [2007] ECR I-8017

Links:

Bailii

Jurisdiction:

European

Environment, Consumer

Updated: 10 July 2022; Ref: scu.251130

Chappell and Co Ltd v Nestle Co Ltd: HL 18 Jun 1959

The defendants sought to rely on section 8 in defence to a claim for copyright infringement. They had manufactured and sold recordings of a work whose copyright was owned by the plaintiffs.They had given notice but had been told that the distribution as a sales promotion for chocolate was not retail sale within the section.
Held: It was a retail sale: ‘It is a sale to a consuming member of the public, and I know of no other factor which distinguishes a retail sale from other sales. ‘ The issue as whether the price was an ‘ordinary retal selling price’ and whether it is contended that . . the sale ‘ bears no resemblance at all to the transaction to which . . the section is pointing ‘, or that the three wrappers form part of the selling price and are incapable of valuation. Nor is there any need to take what, with respect, I think is a somewhat artificial view of a simple transaction. What can be easier than for a manufacturer to limit his sales to those members of the public who fufil the qualification of being this or doing that? It may be assumed that the manufacturer’s motive is his own advantage. It is possible that he achieves his object. But that does not mean that the sale is not a retail sale to which the section applies or that the ordinary retail selling price is not the price at which the record is ordinarily sold, in this case 1s. 6d.’

Judges:

Viscount Simonds, Lord Reid, Lord Tucker, Lord Keith of Avonholm, Lord Somervell of Harrow

Citations:

[1959] UKHL 1, [1960] AC 87

Links:

Bailii

Statutes:

Copyright Act 1956 8

Jurisdiction:

England and Wales

Intellectual Property, Consumer

Updated: 09 July 2022; Ref: scu.248534

Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others: Admn 14 Jun 2006

The defendants sought judicial review of decisions by magistrates to substitute out of time properly named companies as defendants in cases under the 1990 Act.
Held: The court had repeated the error made in the Marco case, by substituting as a defendant a party not before the court. The effect of the district judge’s decision was, in my view, to prefer a charge against a new defendant outside the statutory time limit.

Citations:

[2006] EWHC 1749 (Admin)

Links:

Bailii

Statutes:

Food Safety Act 1990 8

Jurisdiction:

England and Wales

Citing:

Cited – Marco (Croydon) Ltd v Metropolitan Police Commissioner QBD 1983
The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under . .
Cited – Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna QBD 28-Dec-1994
The substitution of a defendant in a case before the magistrates was challengeable where it was not a mere mistake in the name of the defendant. The wholesalers who should have been named had been in correspondence for some time with the prosecutor . .
Lists of cited by and citing cases may be incomplete.

Consumer, Magistrates, Crime

Updated: 07 July 2022; Ref: scu.243311

Ministero della Salute v Coordinamento delle associazioni per la difesa dell’ambiente e dei diritti degli utenti e dei consumatori (Codacons), Federconsumatori: ECJ 26 May 2005

ECJ Regulation (EC) No 1139/98 – Article 2(2)(b) – Additional labelling requirement for foodstuffs – Compulsory particulars concerning the presence of material derived from genetically modified organisms (GMOs) – Genetically modified soya beans and maize – Exemption from the requirement in the case of adventitious presence not exceeding a particular level – Foodstuffs intended for particular nutritional use – Infants and young children – Whether derogation applies – Precautionary principle.

Citations:

C-132/03, [2005] EUECJ C-132/03

Links:

Bailii

European, Consumer

Updated: 30 June 2022; Ref: scu.225308

Bryen and Langley Limited v Boston: TCC 4 Nov 2004

Judges:

His Honour Judge Richard Seymour

Citations:

[2004] EWHC 2450 (TCC)

Links:

Bailii

Cited by:

Appeal from – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract, Consumer

Updated: 27 June 2022; Ref: scu.219351

Cape Snc v Idealservice Srl and similar: ECJ 22 Nov 2001

Environment And Consumers – Article 2(b) of Directive 93/13/EEC – Meaning of consumer – Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees

Citations:

C-542/99, [2001] EUECJ C-542/99, [2001] ECR I-9049, [2003] 1 CMLR 42, [2002] All ER (EC) 657

Links:

Bailii

Statutes:

Directive 93/13/EEC

Jurisdiction:

European

Consumer

Updated: 21 June 2022; Ref: scu.214011

Commission v Italy C-388/01: ECJ 16 Jan 2003

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.

Citations:

Times 30-Jan-2003, [2003] EUECJ C-388/01, [2003] ECR I-721

Links:

Bailii

Statutes:

EC Treaty 812 49

Jurisdiction:

European

Cited by:

Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 06 June 2022; Ref: scu.178732

Matthew v T M Sutton Ltd: ChD 23 Jun 1994

A pawnbroker was liable to pay interest on excess funds recovered in its capacity as trustee. The court ordered an enquiry: ‘. . . as to what use was made by the defendant of the proceeds of sale and what return was obtained by him on those monies in order to determine the rate of interest to be applied.’

Judges:

Chadwick J

Citations:

Independent 23-Jun-1994, Times 22-Jun-1994

Jurisdiction:

England and Wales

Cited by:

Cited – Penelope Wilson v Howard (Pawnbrokers) Ltd CA 4-Feb-2005
The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment.
Held: The appeal failed: ‘in pawn transactions the debtor is . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 04 June 2022; Ref: scu.83479

Bayerische Hypotheken- und Wechselbank v Dietzinger: ECJ 17 Mar 1998

The court was asked whether the Directive applied to a bank guarantee given by a natural person who was not acting in the course of a trade or business to secure the overdraft of a third party.
Held: The scope of the Directive is not limited according to the nature of the goods or services to be supplied under a contract; the only requirement is that the goods or services must be intended for private consumption. The grant of a credit facility is indeed the provision of a service, the contract of guarantee being merely ancillary to the principal contract, of which in practice it is usually a precondition. However, a contract of guarantee concluded by a natural person who is not acting in the course of his trade or profession does not come within the scope of the Directive where it guarantees repayment of a debt contracted by another person who, for his part, is active within the course of his trade or profession.

Citations:

[1998] 1 WLR 1035, [1998] EUECJ C-45/96

Links:

Bailii

Statutes:

Council Directive 85/557/EEC

Jurisdiction:

European

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 03 June 2022; Ref: scu.161782

Ronald and John Popely and Another v D G Scott (Kent County Council): Admn 21 Dec 2000

This was an appeal by way of case stated. The appellants were alleged to have offered timeshare contracts without notification of cancellation rights. A director claimed he was unfit to attend, but the trial proceeded in his absence. He had, the day before, attended a conference with counsel.
Held: Given the medical evidence before them, the magistrates should undoubtedly have allowed an adjournment. The schemes had been constructed so that the purchaser bought shares in a company rather than simply a timeshare. However the magistrates were correct to conclude that this was a timeshare agreement dressed as a share agreement. The magistrates had not effectively considered the opinions of counsel obtained by the respondent and which were capable of establishing a due diligence defence.

Judges:

Lord Justice Rose And The Hon Mrs Justice Rafferty

Citations:

[2000] EWHC Admin 441

Links:

Bailii

Statutes:

Timeshare Act 1992, Magistrates Courts Act 1980 8 11

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bolton Magistrates’ Court, ex parte Merna; Regina v Richmond Justices, ex parte Haines 1991
The divisional court should intervene where a defendant has been deprived of a fair opportunity to present his case because of his own unavoidable absence. . .
Cited – Regina v Chippenham Justices ex parte Harris QBD 28-Jan-1994
. .
Cited – Regina v Birmingham City Magistrates’ Court ex parte David Frank Booth Admn 12-May-1999
. .
Lists of cited by and citing cases may be incomplete.

Magistrates, Consumer, Land

Updated: 23 May 2022; Ref: scu.135629

Woodchester Lease Management Services Ltd v Swayne and Co (A Firm): CA 26 Aug 1998

The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the amount incorrectly, and appealed.
Held: A notice under the Consumer Credit Act specifying an amount of arrears, and claiming default, had to specify the arrears accurately otherwise the customer would not properly know what to do to remedy the default: ‘The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffyd conveniently referred to as ‘the next step’. ‘ The notice was invalid.

Judges:

Kennedy LJ, Sumner J

Citations:

Times 29-Aug-1998, Gazette 26-Aug-1998, [1998] EWCA Civ 1209, [1999] 1 WLR 263

Links:

Bailii

Statutes:

Consumer Credit Act 1974 87(1) 88, Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561)

Jurisdiction:

England and Wales

Citing:

Cited – Fox v Jolly HL 1916
The House referred to a schedule of repair served on the tenant: ‘Now the schedule is attacked on several grounds. It is said that it does not tell the tenant what it is he ought to do in order to remedy the breach of which complaint is made. I am . .
Cited – Handel v The City of London Brewery 1901
. .
Cited – Silvester v Ostrowska 1959
A notice was served under section 146, and specified breaches of the covenant to repair and breach of a covenant against sub-letting. In fact there was no covenant against sub-letting in the lease.
Held: Having regard to earlier cases, the . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 20 May 2022; Ref: scu.90590

Sa Chaussure Bally v Ministry of Finance Belgium: ECJ 20 Sep 1993

The Vatable amount is based on what a purchaser pays ignoring any commissions.

Citations:

Ind Summary 20-Sep-1993, Times 22-Jul-1993, C-18/92, C-18/92, [1993] EUECJ C-18/92

Links:

Bailii

Cited by:

Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Lists of cited by and citing cases may be incomplete.

VAT, Consumer, European, VAT

Updated: 20 May 2022; Ref: scu.88964

Price Meats Ltd v Barclays Bank Plc: ChD 30 Nov 1999

Although a customer always had a clear duty to inform its bankers of any forgery of which it was aware insofar as it related to dealings with the bank, that duty did not operate when the knowledge of the customer was only constructive and not actual. In this case the bank had become concerned and had warned the customer of the need to enquire as to the history of transactions, but such warning did not create an actual knowledge on the customers part of the reality of forgery eventually discovered.

Citations:

Times 19-Jan-2000, [1999] EWHC Ch 190

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Consumer

Updated: 19 May 2022; Ref: scu.85035

DSG Retail Ltd v Oxfordshire County Council: QBD 23 Mar 2001

A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to be completed was only one. In this case an offer to beat any other price offered locally was in fact intended to be limited in ways not indicated, and there were additional undisclosed terms and conditions. The notice was part of the entire interplay between the customer and shop, and was misleading.

Citations:

Times 23-Mar-2001, Gazette 11-May-2001

Statutes:

Consumer Protection Act 1987 20(1)

Media, Consumer, Crime

Updated: 19 May 2022; Ref: scu.80140

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 of such payments. The bank undertook to add information about the procedure and no injunction was given to prevent it relying upon the clause.
‘It is trite law in England that once a judgment is obtained under a loan agreement for a principal sum and judgment is entered, the contract merges in the judgment and the principal becomes owed under the judgment and not under the contract. If under the contract interest on any principal sum is due, absent special provisions the contract is considered ancillary to the covenant to pay the principal, with the result that if judgment is obtained for the principal, the covenant to pay interest merges in the judgment. Parties to a contract may agree that a covenant to pay interest will not merge in any judgment for the principal sum due, and in that event interest may be charged under the contract on the principal sum due even after judgment for that sum.’

Judges:

Peter Gibson, Waller and Buxton LJJ

Citations:

Times 21-Sep-1999, Gazette 15-Sep-1999, Gazette 17-Feb-2000, Times 14-Mar-2000, [2000] EWCA Civ 27, [2000] QB 672

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations 1994 (1994 No 3159)

Jurisdiction:

England and Wales

Citing:

Appeal from – Director General of Fair Trading v First National Bank Plc ChD 30-Jul-1999
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. . .
Cited – In re Sneyd; Ex parte Fewings CA 1883
The mortgagee’s costs, whether costs of an enforcement or a redemption action or included in ‘costs, charges and expenses’, are not recoverable from the mortgagor personally, but both as against the mortgagor and other persons interested in the . .
Cited – Ealing London Borough Council v El Isaac CA 1980
Templeman LJ said: ‘I do not for myself understand how a debt payable with interest until actual repayment can be merged in a judgment without interest or with a different rate of interest payable thereafter.’ . .
Cited – Bank of Scotland v Davis SCS 1982
A bank’s borrower’s covenant to pay interest is ordinarily to be taken to continue until the full sum of principal is repaid, after as before judgment. An appeal was allowed from the order of the sheriff in an undefended action for repayment of a . .

Cited by:

Appeal from – 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 . .
Cited – Office of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking

Updated: 19 May 2022; Ref: scu.79974

Criminal Proceedings Against Goerres: ECJ 21 Aug 1998

Though national regulations could allow placement of label identifying foodstuffs by the product, it was insufficient compliance with European Directive. The ultimate consumer (not just purchaser) needed to be informed about the product.

Citations:

Times 21-Aug-1998

Statutes:

ECTreaty Art 177

Jurisdiction:

European

Consumer

Updated: 19 May 2022; Ref: scu.79660

Regina (London Borough of Tower Hamlets) v Christopher Steele: 2012

(Crown Court at Snaresbrook) The court acceded to the submission on trying a charge under the 2008 Regulations, that there was no case to answer in the context of a contract for building services with a consumer on the basis that such a contract did not fall within the definition of ‘commercial practice’ within the Regulations.

Judges:

Mr Recorder Lowe QC

Citations:

[2012] CTLC 109

Statutes:

Consumer Protection from Unfair Trading Regulations 2008

Cited by:

Unpersuasive – X Ltd, Regina v CACD 23-May-2013
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 18 May 2022; Ref: scu.510093

First National Bank Plc v Syed: CA 1991

The court can exercise the supervisory jurisdiction over consumer contracts under the 1974 Act irrespective of any application made by a party.

Judges:

Dillon LJ, Ralph Gibson LJ

Citations:

[1991] 1 All ER 250

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – Nolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Lists of cited by and citing cases may be incomplete.

Banking, Consumer

Updated: 18 May 2022; Ref: scu.304584

Allen v Redbridge London Borough Council: QBD 29 Jul 1993

Prices were sufficiently displayed with indicator by goods showing price, even though they were only visible with the help of staff. The 1991 order does not require the Purchaser to be able to see price label without help.

Citations:

Times 29-Jul-1993, Gazette 13-Oct-1993, Ind Summary 27-Sep-1993, Ind Summary 30-Aug-1993

Statutes:

Prices Act 1974 7 of Schd

Consumer

Updated: 17 May 2022; Ref: scu.77742

Link Stores Ltd v Harrow London Borough Council: QBD 18 Feb 2001

The intention of the section was to catch those traders who sought to change the price of goods after a customer had been persuaded to enter into a purchase. Where a shop made a promise to refund the difference between the price offered and the price of similar goods available elsewhere, but failed to meet that promise, the section did not bite.

Citations:

Gazette 22-Mar-2001, Times 18-Feb-2001

Statutes:

Consumer Protection Act 1987 20(2)

Jurisdiction:

England and Wales

Crime, Consumer

Updated: 15 May 2022; Ref: scu.83079

Citibank International Plc v Schleider et Al: ChD 26 Mar 1999

The purpose of the section was to prevent a lender using a second collateral agreement to circumvent the provisions of the Act restricting his freedom to include provisions detrimental to the borrower in the main agreement.

Citations:

Times 26-Mar-1999

Statutes:

Consumer Credit Act 1974 113(8)

Consumer, Banking

Updated: 15 May 2022; Ref: scu.79143

Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000

A hire agreement provided that after the payment of substantial sums over the period of hire, the hirers could exercise an option to purchase the equipment for fifty pounds. They purported to sell the equipment before the end of the lease, but the question arose of whether they could give good title.
Held: However likely it was that the option would be exercised, there was no obligation on the hirer to exercise it, and there was therefore no binding agreement to buy, and he could not give good title, despite having possession of the equipment.

Citations:

Times 21-Mar-2000, Gazette 23-Mar-2000

Statutes:

Sale of Goods Act 1979 25(1)

Consumer, Contract, Commercial

Updated: 15 May 2022; Ref: scu.79231

Coppen v Moore (No 2): 1898

Section 2(2) of the 1887 Act made it an offence to sell or expose for sale goods to which a forged trade mark or false description was applied unless the alleged offender could prove what amounted to due diligence. Salesmen at one of the appellant’s shops sold American Ham as Scotch Ham, despite instructions from the appellant to branch managers that breakfast hams should only be sold as such, without reference to any place of origin. He was nevertheless convicted. It was contended on his behalf that he should not be held criminally liable for the unauthorised acts of his servants.
Held: ‘In our judgment it was clearly the intention of the Legislature to make the master criminally liable for such acts, unless he was able to rebut the prima facie presumption of guilt by one or other of the methods pointed out in the Act. Take the facts here, and apply the Act to them. To begin with, it cannot be doubted that the appellant sold the ham in question, although the transaction was carried out by his servants. In other words, he was the seller, although not the actual salesman.’

Judges:

Lord Russell CJ

Citations:

(1898) 2 QB 306

Statutes:

Merchandise Marks Act 1887

Cited by:

Cited – Nottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Consumer, Intellectual Property

Updated: 12 May 2022; Ref: scu.188662

Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Citations:

Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757

Statutes:

Consumer Arbitration Agreements Act 1988

Jurisdiction:

England and Wales

Citing:

Appeal from (Affirmed) – Philip Alexander Securities and Futures Ltd v Bamberger and Others ComC 8-May-1996
ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract, Consumer

Updated: 06 May 2022; Ref: scu.186007

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide services – restriction – Article 59 EC – breach of European law – disapplication of section 2(a) : Consumer contracts – arbitration provision – ruling on application of arbitration provision by courts of Contracting State – Brussels Convention article 1(4) – exclusion of arbitration – meaning – Brussels Convention article 27(4), 28

Judges:

Waller J

Citations:

Independent 08-Jul-1996

Statutes:

Consumer Arbitration Agreements Act 1988

Jurisdiction:

England and Wales

Cited by:

Appeal from (Affirmed) – Philip Alexander Securities and Futures Ltd v Bamberger and Others CA 22-Jul-1996
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, International, Consumer

Updated: 06 May 2022; Ref: scu.186006

Lombard Tricity Finance Ltd v Paton: CA 1989

The borrower challenged a variation of the interest rate to be charged on his regulated loan. The agreement purported to give the lender a full discretion to vary the rate on notice.
Held: The Regulations required the agreement to identify the circumstances under which the loan might be varied. The judge at first instance was wrong to require that this be something more than the lender’s ‘whim’. The agreement was not wrong at common law, and the Regulations controlled the format of the agreement not its content. The notice was clear and correct, and the absolute discretion given and notified did amount to ‘circumstances’ within the Regulations.

Citations:

[1989] 1 All ER 918

Statutes:

Consumer Credit (Agreements) Regulations 1983 (1983 No 1553) 2

Jurisdiction:

England and Wales

Cited by:

Distinguished – Paragon Finance plc v Nash etc CA 15-Oct-2001
The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage.
Held: A loan arrangement which allowed a lender to vary the implied rate of interest, . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 28 April 2022; Ref: scu.180916

Starman AS v Tarbijakaitseamet: ECJ 13 Sep 2018

Consumer Protection – Telephone Communications – Judgment – Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 21 – Consumer contracts – Telephone communications – Practice of a telecommunication services provider consisting in offering its customers who have already concluded a contract a speed dial number at a rate higher than the basic rate

Citations:

ECLI:EU:C:2018:721, [2018] EUECJ C-332/17

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.622595

Verbraucherzentrale Berlin v Unimatic Vertriebs GmbH: ECJ 7 Aug 2018

Concept of ‘Business Premises’ – Judgment- Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 2(9) – Concept of ‘business premises’ – Criteria – Sales contract concluded on a stand run by a trader at a trade fair

Citations:

C-485/17, [2018] EUECJ C-485/17, ECLI:EU:C:2018:642, [2018] WLR(D) 525

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.621622

Hexlink Ltd T/A Excel Property v London Borough of Camden: FTTGRC 12 Jun 2018

Professional Regulation – failure to publicise details of the client money protection scheme

Citations:

[2018] UKFTT PR – 2017 – 0041

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83(6)

Jurisdiction:

England and Wales

Consumer, Landlord and Tenant, Housing

Updated: 24 April 2022; Ref: scu.618879

Silks Estates (Yorkshire) Ltd v Leeds City Council: FTTGRC 21 Mar 2018

Appeal against a Final Notice in which the Council imposed a financial penalty of 2,500 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Penalty increased

Citations:

[2018] UKFTT PR – 2017 – 0043

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618870

Witney Properties Ltd v West Oxfordshire District Council: FTTGRC 15 Feb 2018

Appeal against a Final Notice imposing a financial penalty of 5,000 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Refused

Citations:

[2018] UKFTT PR – 2017 – 0016

Links:

Bailii

Statutes:

Consumer Rights Act 2015 Sch 9

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618868

The Vita Property Group v London Borough of Camden: FTTGRC 19 Apr 2018

Professional Regulation – alleged failure to publish full details of agents tenant fees on their website and details of agents landlord fees on their website

Citations:

[2018] UKFTT PR – 2017 – 00045

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618876

Station Estates v London Borough of Newham v London Borough of Newham: FTTGRC 9 Jan 2018

Professional Regulation – appeals against a penalty charge of 10,000 pounds related to failure to publicise details of fees and a client money protection statement

Citations:

[2018] UKFTT PR – 2017 – 0024

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618867

Yasir and Co Ltd v London Borough of Newham: FTTGRC 21 Mar 2018

appeal against a Final Notice in which the Council imposed a financial penalty on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.

Citations:

[2018] UKFTT PR – 2017 – 0031

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618872

Lets4U v North Kesteven District Council: FTTGRC 29 May 2018

Professional Regulation – failure to belong to redress scheme

Citations:

[2018] UKFTT PR – 2017 – 0050

Links:

Bailii

Statutes:

Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc. (England) Order 2014

Jurisdiction:

England and Wales

Housing, Consumer

Updated: 24 April 2022; Ref: scu.618877

Wegener v Royal Air Maroc SA: ECJ 31 May 2018

Consumer Protection – Definition of ‘Connecting Flight’ – Judgment – Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Definition of ‘connecting flight’ – Flight departing from an airport situated in the territory of a Member State, including a transfer at an airport situated in the territory of a third State and destined for another airport of that third State

Citations:

ECLI:EU:C:2018:361, [2018] EUECJ C-537/17, [2018] WLR(D) 327

Links:

Bailii, WLRD

Jurisdiction:

European

Consumer, Transport

Updated: 22 April 2022; Ref: scu.616991

Autorita Garante of the Concorrenza e del Mercato v Wind Tre SpA, anteriormente Wind Telecomunicazioni SpA and Others: ECJ 31 May 2018

Freedom of Establishment – Opinion – Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Aggressive commercial practices – Supply not requested – Directive 2005/29 – Article 3 (4) – Scope – Telecommunications services – Directive 2002/21 – Directive 2002/22 – Pre-activation of services on a SIM card without informing the consumer

Citations:

ECLI: EU: C: 2018: 377, [2018] EUECJ C-54/17 – O

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 22 April 2022; Ref: scu.616992

OTP Bank and OTP Faktoring: ECJ 3 May 2018

Consumer Protection – Credit Agreements Denominated In A Foreign Currency – Opinion – Consumer protection – Unfair terms in consumer contracts – Credit agreements denominated in a foreign currency – Member State statutory measures passed to remedy unfair contractual terms – Article 4(2) of Directive 93/13/EEC and ‘plain intelligible language’ – Article 1(2) of Directive 93/13 and ‘mandatory statutory or regulatory provisions’ – Powers of Member State courts to assess contractual terms for unfairness of their own motion

Citations:

ECLI:EU:C:2018:303, [2018] EUECJ C-51/17 – O

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 14 April 2022; Ref: scu.609517

Profi Credit Polska v Wawrzosek: ECJ 26 Apr 2018

Consumer Protection – Opinion – Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Consumer credit agreements – Order for payment procedure based on a promissory note guaranteeing a claim under a credit agreement to the consumer – Impossibility for the judge, in the absence of the consumer’s appeal, to assess the potentially abusive nature of contractual clauses

Citations:

ECLI:EU:C:2018:293, [2018] EUECJ C-176/17 – O

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 14 April 2022; Ref: scu.609323

Beckett v Cohen: QBD 1972

Citations:

[1972] 1 WLR 1593

Statutes:

Trade Descriptions Act 1968 14(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Shropshire County Council (David Walker) v Simon Dudley Limited Admn 17-Dec-1996
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 12 April 2022; Ref: scu.194019

Regina v Lincoln Magistrates Court ex parte Wickes Building Supplies Ltd: QBD 6 Aug 1993

Domestic legislation remains in force pending an answer from the European Court. It was not an abuse to prepare many charges against a Defendant pending that decision.

Citations:

Ind Summary 16-Aug-1993, Times 06-Aug-1993

Statutes:

Shops Act 1950 47

Magistrates, Consumer

Updated: 09 April 2022; Ref: scu.87185