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:

CitedFox 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 . .
CitedHandel v The City of London Brewery 1901
. .
CitedSilvester 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:

CitedRevenue 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 fromDirector 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. . .
CitedIn 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 . .
CitedEaling 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.’ . .
CitedBank 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 fromDirector 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 . .
CitedOffice 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:

UnpersuasiveX 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:

CitedNolan 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:

CitedNottingham 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:

DistinguishedParagon 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

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

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

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:

CitedShropshire 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

National Westminster Bank Plc v Devon County Council, Devon County Council v Abbey National Plc: QBD 16 Jul 1993

A lender may use an initial fixed rate as the basis for an APR quotation. The APR on a 25 year mortgage may be calculated on the initial fixed rate not the subsequent variable one.

Citations:

Independent 25-Aug-1993, Times 16-Jul-1993

Statutes:

Consumer Credit Act 1974 46

Consumer, Banking

Updated: 09 April 2022; Ref: scu.84213

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

Cited by:

CitedPenelope 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: 09 April 2022; Ref: scu.83479

Formula One Autocentres Ltd v Birmingham City Council: QBD 29 Dec 1998

A return of a serviced car to its owner by a garage is a supply of goods (not merely services) within the section, and a garage owner can be prosecuted under the Act accordingly. The return of the vehicle transferred and so supplied the vehicle.

Citations:

Times 29-Dec-1998

Statutes:

Trade Descriptions Act 1968 1(1)(a)

Consumer

Updated: 08 April 2022; Ref: scu.80637

Finnair Oyj v Keskinainen Vakuutusyhtio Fennia: ECJ 12 Apr 2018

Air Transport – Liability of Air Carriers for Checked Baggage – Judgment – Reference for a preliminary ruling – Air transport – Montreal Convention – Article 31 – Liability of air carriers for checked baggage – Requirements as to the form and content of the written complaint sent to the air carrier – Complaint made electronically and recorded in the air carrier’s information system – Complaint made on behalf of the person entitled to delivery of checked baggage or cargo by an agent of the air carrier

Citations:

C-258/16, [2018] EUECJ C-258/16

Links:

Bailii

Jurisdiction:

European

Transport, Consumer

Updated: 07 April 2022; Ref: scu.608637

Federation Des Entreprises De La Beaute: ECJ 12 Apr 2018

Approximation of Laws – Cosmetic Products – Judgment – Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 10(2) – Assessment of the safety of cosmetic products – Qualifications of the safety assessor – Recognition of equivalent training courses – Disciplines similar to pharmacy, toxicology or medicine – Member States’ discretion

Citations:

ECLI:EU:C:2018:246,, [2018] EUECJ C-13/17

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 07 April 2022; Ref: scu.608636

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 has apparently won ‘ Classification ‘ Action of a contractual nature covered by Article 15(1)(c) of that regulation ‘ Conditions

Citations:

[2009] EUECJ C-180/06

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionIlsinger 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 . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 07 April 2022; Ref: scu.608374

Southern Gas Networks Plc v Thames Water Utilities Ltd: CA 25 Jan 2018

‘Where supply of gas is interrupted, a customer is generally entitled to statutory compensation payments from his gas distributor. This appeal concerns the question of who should ultimately bear the cost of those payments where the interruption to the gas supply was caused by another services undertaker, in this case a water company which had negligently allowed water to escape from its pipes and enter nearby gas pipes. Is it the gas undertaker, or the water undertaker?’

Citations:

[2018] EWCA Civ 33

Links:

Bailii

Jurisdiction:

England and Wales

Utilities, Consumer

Updated: 04 April 2022; Ref: scu.604153

Asociacion Profesional Elite Taxi v Uber Systems Spain: ECJ 20 Dec 2017

Freedom of Establishment – Freedom To Provide Services Internal Market – Principles Approximation of Laws Consumer protection – Reference for a preliminary ruling – Article 56 TFEU – Article 58(1) TFEU – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 2000/31/EC – Directive 98/34/EC – Information society services – Intermediation service to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys – Requirement for authorisation

Citations:

[2017] EUECJ C-434/15

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 02 April 2022; Ref: scu.602066

Gahan v Emirates: CA 12 Oct 2017

The court was asked whether the right to compensation against a non-Community carrier is available at all under Regulation 261, if the flight is to a destination outside the EU, and whether the right to compensation can take account of delay on a connecting flight starting or ending outside the EU.

Judges:

Arden Lewison, McCombe LJJ

Citations:

[2017] EWCA Civ 1530

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004 261

Jurisdiction:

England and Wales

European, Transport, Consumer

Updated: 30 March 2022; Ref: scu.596088

Schottelius v Falk Seifert: ECJ 7 Sep 2017

Consumer Protection – Sale of Consumer Goods and Associated Guarantees : Judgment – Reference for a preliminary ruling – Consumer protection – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Notion of ‘contract of sale’ – Inapplicability of that directive – Lack of jurisdiction of the Court

Citations:

C-247/16, [2017] EUECJ C-247/16

Links:

Bailii

Statutes:

Directive 1999/44/EC

Jurisdiction:

European

Consumer

Updated: 29 March 2022; Ref: scu.593584

African Export-Import Bank and Others v Shebah Exploration and Production Company Ltd and Others: CA 28 Jun 2017

The court was asked as to the interpretation of the phrase ‘deals . . On the other’s written standard terms of business’.

Judges:

Longmore, Henderson LJJ

Citations:

[2017] EWCA Civ 845

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977 3

Jurisdiction:

England and Wales

Contract, Consumer

Updated: 27 March 2022; Ref: scu.588315

W and Others v Sanofi Pasteur MSD SNC and Others: ECJ 21 Jun 2017

ECJ (Liability for Defective Products – Pharmaceutical Laboratories : Judgment) Reference for a preliminary ruling – Directive 85/374/EEC – Liability for defective products – Article 4 – Pharmaceutical laboratories – Vaccination against hepatitis B – Multiple sclerosis – Proof of defect of vaccine and of causal link between the defect and the damage suffered – Burden of proof – Methods of proof – Lack of scientific consensus – Serious, specific and consistent evidence left to the discretion of the court ruling on the merits – Whether permissible – Conditions

Citations:

C-621/15, [2017] EUECJ C-621/15

Links:

Bailii

Statutes:

Directive 85/374/EEC 4

Jurisdiction:

European

Consumer

Updated: 27 March 2022; Ref: scu.588310

Menini and Rampanelli v Banco Popolare Societa Cooperativa: ECJ 14 Jun 2017

ECJ (Approximation of Laws Approximation of Laws Consumer Protection : Judgment) Reference for a preliminary ruling – Consumer protection – Alternative dispute resolution (ADR) procedures – Directive 2008/52/EC – Directive 2013/11/EU – Article 3(2) – Applications by consumers to set an order aside in the context of payment order proceedings instituted by a credit institution – Right of access to the judicial system – National legislation providing for mandatory recourse to a mediation procedure – Obligation to be assisted by a lawyer – Condition for the admissibility of proceedings before the courts

Citations:

C-75/16, [2017] EUECJ C-75/16

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 March 2022; Ref: scu.588289

Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017

The claimant was riding a motorcycle constructed by the appellant. The front brakes seized, and he was badly injured. KTM now challenged a finding that the galvanic corrosion which led to the seizure was a fault within the 1987 Act.
Held: The appeal failed. The recorder had identified the relevant issues and the evidence before him supported his conclusion.

Citations:

[2017] EWCA Civ 378

Links:

Bailii

Statutes:

Consumer Protection Act 1987 3(1)

Jurisdiction:

England and Wales

Personal Injury, Consumer

Updated: 27 March 2022; Ref: scu.588197

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 settlement

Citations:

[2010] EUECJ C-320/08

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionRosalba 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 . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 27 March 2022; Ref: scu.588173

VTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV: ECJ 23 Apr 2009

ECJ Directive 2005/29/EC Unfair commercial practices – National legislation prohibiting combined offers to consumers

Citations:

[2009] EUECJ C-261/07, [2009] ECR I-2949, [2009] 3 CMLR 17

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionVTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV ECJ 21-Oct-2008
ECJ (Approximation of Laws) Opinion – Admissibility of a reference for a preliminary ruling – Proper subject of interpretation Relevance to the decision Combined offers – Directive 2005/29/EC – Interpretation in . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 27 March 2022; Ref: scu.588024

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Decomposed Snail in Ginger Beer Bottle – Liability

The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, so she was unable to rely upon any contract.
Held: The English and the Scots law on the subject are identical. The pursuer was entitled to recover damages for negligence. The manufacturer intended that the contents be consumed without the opportunity first to examine them, and unless reasonable care was taken in the preparation a consumer may suffer injury. The cases of George v. Skivington and `the dicta in Heaven v. Pender ‘should be buried so securely that their perturbed spirits shall no longer vex the law.’ (Majority) The nature of an article ‘may very well call for different degrees of care’. ‘the person dealing with [an inherently dangerous article] may well contemplate persons as being within the sphere of his duty to take care who would not be sufficiently proximate with less dangerous goods; so that not only the degree of care but the range of persons to whom the duty is owed may be extended.’
Lord Atkin said: ‘. . the lawyer’s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’

Judges:

Atkin, Thankerton, MacMillan, Buckmaster Tomlin LL

Citations:

[1932] AC 562, [1932] SC (HL) 31, [1932] ScLT 317, [1932] All ER Rep 1, (1932) 101 LJPC 119, (1932) 147 LT 281, [1932] SLT 317, (1932) 48 TLR 494, (1932) 37 Com Cas 350, [1932] UKHL 100, [1932] Sol Jo 396, [1932] WN 139, [1932] SC 31, (1933) 4 DLR 337, 533 CA 47

Links:

Bailii

Jurisdiction:

Scotland

Citing:

CitedLe Lievre v Gould CA 6-Feb-1893
Mortgagees of the interest of a builder under a building agreement, advanced money to him from time to time, relying upon certificates given by a surveyor as to stages reached. The surveyor was not appointed by the mortgagees, and there was no . .
ApprovedGeorge v Skivington 1869
There was an injury to the wife, from a hair wash purchased under a contract of sale with the husband.
Held: The wife had a good cause of action. There was a duty in the vendor to use ordinary care in compounding the article sold, and that . .
Dicta ConsideredHeaven v Pender, Trading As West India Graving Dock Company CA 30-Jul-1883
Duty Arising to Use Ordinary Care and Skill
The plaintiff was a painter. His employer engaged to repaint a ship, and the defendant erected staging to support the work. The staging collapsed because one of the ropes was singed and weakened, injuring the plaintiff.
Held: The defendant had . .
OverruledMullen v Barr and Co Ld, and M’Gowan v Barr and Co Ld 1929
A mouse was found in a bottle. The buyer claimed damages for the shock: ‘In a case like the present, where the goods of the defenders are widely distributed throughout Scotland, it would seem little short of outrageous to make them responsible to . .
CitedLongmeid v Holliday 1851
A defective lamp was sold to a man whose wife was injured by its explosion. The seller of the lamp, against whom the action was brought, was not the manufacturer.
Held: No general duty of care was owed by a manufacturer of a lamp to a user.
DistinguishedLangridge v Levy ExP 1836
A man sold a gun which he knew to be dangerous for the use of the purchaser’s son. The gun exploded in the son’s hands.
Held: The son had a right of action in tort against the gunmaker, but, Parke B said: ‘We should pause before we made a . .
CitedWinterbottom v Wright 1842
Owing to negligence in the construction of a carriage it broke down. A third party sought damages for injuries which he alleged were due to negligence in the work.
Held: The doctrine of privity of contract precluded actions in tort by third . .
CitedEarl v Lubbock CA 1905
The plaintiff was injured when a wheel came off a van which he was driving for his employer, and which it was the duty of the defendant, under contract with the employer, to keep in repair. The county court judge and the Divisional Court both hold . .
CitedBlacker v Lake and Elliot Ld HL 1912
A brazing lamp which, by exploding owing to a latent defect, injured a person other than the purchaser of it, and the vendor was held not liable to the party injured. The House considered earlier cases on liability for defectively manufactured . .
CitedBlackmore v Bristol and Exeter Ry Co 1858
. .
CitedCollis v Selden 1868
The defendant installed a chandelier in a public house. It fell and injured the plaintiff.
Held: There was nothing to say that the defendant had any knowledge that the plaintiff, as opposed to members of the public in general, would enter the . .
CitedBates v Batey & Ld 1913
The defendants, who manufactured ginger beer, were held not liable to a consumer (who had purchased from a retailer one of their bottles) for injury occasioned by the bottle bursting as the result of a defect of which the defendants did not know, . .
CitedThomas v Winchester 1852
(New York) A chemist carelessly issued poison in answer to a request for a harmless drug, and he was held responsible to a third party injured by his neglect. . .
CitedMacPherson v Buick Motor Co 1916
(New York Court of Appeal) A manufacturer of a defective motor-car was held liable for damages at the instance of a third party. A motor-car might reasonably be regarded as a dangerous article: ‘There is no claim that the defendant know of the . .
CitedCunnington v Great Northern Ry Co 1883
. .
CitedHawkins v Smith QBD 1896
A dock labourer in the employ of the dock company was injured by a defective sack which had been hired by the consignees from the defendant, who knew the use to which it was to be put, and had been provided by the consignees for the use of the dock . .
CitedElliott v Hall QBD 1885
The defendants, colliery owners, consigned coal to the plaintiff’s employers, coal merchants, in a truck hired by the defendants from a wagon company. The plaintiff was injured in the course of unloading the coal by reason of the defective condition . .
CitedOliver v Saddler and Co HL 1929
Stevedores had been employed to unload a cargo of maize in bags. They provided the rope slings by which the cargo was raised to the ship’s deck by their own men using the ship’s tackle, and then transported to the dockside by the shore porters, of . .
CitedGrote v Chester and Holyhead Ry CEC 1848
The defendants had constructed a bridge over the Dee on their railway and had licensed the use of the bridge to the Shrewsbury and Chester Railway to carry passengers over it, and had so negligently constructed the bridge that the plaintiff, a . .
CitedDixon v Bell 18-Jun-1816
The defendant had left a loaded gun at his lodgings and sent his servant, a mulatto girl aged about thirteen or fourteen, for the gun, asking the landlord to remove the priming and give it her. The landlord did remove the priming and gave it to the . .
CitedHodge and Sons v Anglo-American Oil Co 1922
The plaintiffs, London barge repairers claimed after an explosion on the Anglo-American Oil Company’s oil tank barge Warwick, when she was being repaired by the plaintiffs, to whom she had been sent for that purpose by the defendants. As a result of . .
CitedBrass v Maitland 1856
There is an implied warranty from a consignor to the carrier as to the non-dangerous nature of what is to be carried. . .
CitedDominion Natural Gas Co Ltd v Collins 1909
The defendants had installed a gas apparatus to provide natural gas on the premises of a railway company. They had installed a regulator to control the pressure and their men negligently made an escape-valve discharge into the building instead of . .
CitedFarrant v Barnes 1862
A duty of care from a consignor to a carrier’s servant that the goods to be transported can be safely carried, is owed independently of any contract. . .
CitedCaledonian Ry Co v Mulholland or Warwick HL 1898
The appellant company were held not liable for injuries caused by a defective brake on a coal wagon conveyed by the railway company to a point in the transit where their contract ended, and where the wagons were taken over for haulage for the last . .
CitedCavalier v Pope HL 22-Jun-1906
The wife of the tenant of a house let unfurnished sought to recover from the landlord damages for personal injuries arising from the non-repair of the house, on the ground that the landlord had contracted with her husband to repair the house.
CitedEmmens v Pottle CA 1885
A subordinate distributor, here a vendor of newspapers, can plead the common law defence to defamation, of innocent dissemination.
Held: The vendor was prima facie liable, and therefore had to demonstrate the defence to avoid liability. He . .
CitedGordon v M’Hardy 1903
The pursuer sought to recover damages from a retail grocer on account of the death of his son by ptomaine poisoning, caused by eating tinned salmon purchased from the defender. The pursuer averred that the tin, when sold, was dented, but he did not . .
CitedBottomley v Bannister CA 1932
The deceased man, the father of the plaintiff, had taken an unfurnished house from the defendants, who had installed a gas boiler with a special gas-burner which if properly regulated required no flue. The deceased and his wife were killed by fumes . .
CitedWhite v Steadman 1913
Lush J said: ‘a person who has the means of knowledge and only does not know that the animal or chattel which he supplies is dangerous because he does not take ordinary care to avail himself of his opportunity of knowledge is in precisely the same . .
CitedClelland v Robb 1911
If a man has no duty or obligation of diligence, he cannot be charged with negligence. . .
CitedKemp and Dougall v Darngavil Coal Co 1909
A man cannot be charged with negligence if he has no obligation to exercise diligence. . .

Cited by:

CitedAlcock and Others v Chief Constable of South Yorkshire Police CA 31-May-1991
The defendant policed a football match at which many people died. The plaintiffs, being relatives and friends of the deceased, inter alia suffered nervous shock having seen the events either from within the ground, or from outside or at home on . .
CitedK v the Secretary of State for the Home Department CA 31-May-2002
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information . .
CitedBritish Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
CitedDorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
DistinguishedCandler v Crane Christmas and Co CA 15-Dec-1950
Though the accounts of the company in which the plaintiff had invested had been carelessly prepared and gave a wholly misleading picture of the state of the company, the plaintiff could not recover damages. A false statement, carelessly, as . .
CitedStovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
CitedBellefield Computer Services Limited, Unigate Properties Limited; Unigate Dairies Limited; Unigate (Uk) Limited; Unigate Dairies (Western) Limited v E Turner and Sons Limited Admn 28-Jan-2000
The Defendant builders constructed a steel building to be used as, inter alia. a dairy. The original owners sold it to the appellants. A fire spread from the storage area to the rest of the dairy and caused much damage. The Builders, had they . .
CitedDutton v Bognor Regis Urban District Council CA 1972
The court considered the liability in negligence of a Council whose inspector had approved a building which later proved defective.
Held: The Council had control of the work and with such control came a responsibility to take care in . .
AppliedTate and Lyle Industries Ltd v Greater London Council HL 24-Mar-1983
The plaintiff had constructed and used two jetties, and dredged a channel down to the Thames for their use. The Council constructed two terminals nearby, the result of which was to cause a build up of silt blocking the channel.
Held: The . .
CitedDennis v Charnwood Borough Council CA 1983
The respondent approved plans for a new house. The raft foundation was inadequate and serious cracks developed. The authority appealed a finding of negligence in having approved defective plans.
Held: The appeal failed. The authority had a . .
CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedThe Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
AppliedBurfitt v A and E Kille 1939
A shopkeeper in Minehead sold a ‘blank cartridge pistol’ to a twelve year old boy. Later, when the boy fired the pistol in the air, the plaintiff was injured by a tiny piece of copper going into his eye.
Held: The duty of care was owed not . .
CitedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedBlake v Galloway CA 25-Jun-2004
The claimant was injured whilst playing about with other members of his band throwing sticks at each other. The defendant appealed against a denial of his defence on non fit injuria.
Held: The horseplay in which the five youths were engaged . .
CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
CitedOld Gate Estates Ltd v Toplis and Harding and Russell 1939
The case of Donoghue -v- Stevenson was restricted in its application to cases of negligence causing damage to life, limb or health. . .
CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
CitedWatson v Fram Reinforced Concrete Co (Scotland) Ltd HL 1960
A workman had been injured through the breaking of a defective part in the machine with which he was working. He brought an action of damages against his employers, and later convened as second defenders the manufacturers of the machine, who had . .
SummarisedLondon Graving Dock Co Ltd v Horton HL 1951
An experienced welder had for a month been carrying out work on a ship as an employee of sub-contractors engaged by ship-repairers in occupation of the ship. He was injured, without negligence on his part, owing to the inadequacy of certain staging, . .
CitedMurphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
CitedJolley v Sutton London Borough Council HL 24-May-2000
An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal, . .
CitedNational Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
CitedLMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
CitedFrench and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
CitedLeakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
CitedD Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
ExplainedBolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
CitedWhippey v Jones CA 8-Apr-2009
The claimant was running along a river embankment. A large dog owned by the appellant, taking it for a walk, was off the leash. It ran out at the claimant who broke his ankle falling into the river. The defendant appealed against a finding that he . .
CitedSmith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
CitedWoodland v Essex County Council CA 9-Mar-2012
The claimant had been injured in a swimming pool during a lesson. The lesson was conducted by outside independent contractors. The claimant appealed against a finding that his argument that they had a non-delegable duty of care was bound to fail. . .
CitedGlaister and Others v Appelby-In-Westmorland Town Council CA 9-Dec-2009
The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police QBD 31-Jul-1990
Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for . .
CitedTaylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
CitedStannard (T/A Wyvern Tyres) v Gore CA 4-Oct-2012
The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability . .
CitedWoodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
CitedChaudry v Prabhakar CA 1988
The plaintiff sued a friend of hers for wrongly advising her that a car she was thinking of buying was in good condition.
Held: An agent, even a volunteer, owed a duty of care appropriate for those circumstances. The measurement was objective, . .
CitedRegina v The Secretary of State for the Environment, ex Parte Ostler CA 16-Mar-1976
Statutory Challenge must be timely
The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent.
Held: The court was asked, . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
CitedHowmet Ltd v Economy Devices Ltd and Others CA 31-Aug-2016
Appeal by the owners of a factory which suffered fire damage against a judgment dismissing their action. The owners claimed damages against the manufacturers of a device which, they said, should have prevented the fire from occurring. This takes us . .
CitedWooldridge v Sumner and Another CA 4-Jun-1962
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed.
Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player . .
CitedPaul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
CitedJames-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
CitedPoole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Negligence, Consumer

Leading Case

Updated: 11 February 2022; Ref: scu.180110

Terre Wallonne v Wallonia: ECJ 17 Jun 2010

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action programmes in respect of vulnerable zones

Citations:

[2010] EUECJ C-110/09, [2010] ECR I-5611

Links:

Bailii

Statutes:

Directive 2001/42/EC, Directive 91/676/EEC

Jurisdiction:

European

Citing:

OpinionTerre Wallonne v Wallonia ECJ 4-Mar-2010
ECJ Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676 / EEC – Protection of waters against pollution caused by nitrates from agricultural . .

Cited by:

CitedHS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Consumer, Environment

Updated: 31 January 2022; Ref: scu.575308

Planta Tabak v Land Berlin: ECJ 4 Jul 2018

Approximation of Laws – Manufacture, Presentation and Sale of Tobacco Products – Opinion – Reference for a preliminary ruling – Approximation of laws – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Article 7(1) and (7) – Prohibition on the placing on the market of tobacco products with characterising flavours – Article 7(14) – Transitional period for tobacco products with a characterising flavour whose European Union-wide sales volumes represent 3% or more in a particular product category – Assessment of validity – Principle of equal treatment – Article 13(1)(c) – Interpretation – Prohibition on any element or feature that refers to taste, smell, flavourings or other additives or the absence thereof – Application to tobacco products containing a characterising flavour whose sale is still permitted after 20 May 2016

Citations:

ECLI:EU:C:2018:530, C-220/17, [2018] EUECJ C-220/17 – O, [2019] EUECJ C-220/17

Links:

Bailii, Bailii

Jurisdiction:

European

Consumer

Updated: 30 January 2022; Ref: scu.620036

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency: CA 25 May 2017

Appeal by the Food Standards Agency against a decision in which he allowed in part a claim for judicial review by Newby Foods Limited and held, inter alia, that certain chicken and pork products manufactured by Newby should not be classified as mechanically separated meat.

Judges:

Lloyd Jones, Beatson, Moylan LJJ

Citations:

[2017] EWCA Civ 400

Links:

Bailii

Statutes:

EU Regulation No. 853/2004

Jurisdiction:

England and Wales

Citing:

See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency Admn 16-Jul-2013
. .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 2) Admn 26-Jul-2013
. .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 4) Admn 22-Nov-2013
The claimant sought an order to allow it to continue to produce meat products for sale and an associated costs award. . .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Others Admn 24-Oct-2013
. .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 7) Admn 7-May-2014
. .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Another Admn 21-May-2014
. .
See AlsoNewby Foods Ltd v Food Standards Agency ECJ 16-Oct-2014
ECJ Judgment – Protection of health – Regulation (EC) No 853/2004 – Hygiene rules for food of animal origin – Annex I, points 1.14 and 1.15 – Concepts of ‘mechanically separated meat’ and ‘meat preparations’ – . .
See AlsoNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency Admn 23-Mar-2016
Application of principles identified by ECJ on reference as to to the process of separating fresh meat from flesh bearing bones of pork and from chicken carcasses carried out by Newby. . .

Cited by:

Appeal fromNewby Foods Ltd, Regina (on The Application of) v Food Standards Agency SC 3-Apr-2019
The parties disputed the classification and labelling of mechanically separated meats (‘MSM’) under EU law. The ECJ had imposed a moratorium on certain products. Newby challenged that unsuccessfully, but now Newby appealed to the Supreme Court on . .
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 29 January 2022; Ref: scu.584529

Portovesme v Commission: ECJ 1 Feb 2017

ECJ (Judgment) Appeal – Aid granted by the Italian Republic in favor of Portovesme Srl – Preferential tariff arrangements for electricity – Decision declaring the aid measure incompatible with the internal market

Citations:

ECLI:EU:C:2017:75, [2017] EUECJ C-606/14

Links:

Bailii

Jurisdiction:

European

Consumer, Utilities

Updated: 29 January 2022; Ref: scu.573830

Wilkes v Depuy International Ltd: QBD 6 Dec 2016

The claimant suffered injury after his artificial left hip, supplied by the defendants, fractured.

Judges:

Hickinbottom J

Citations:

[2016] EWHC 3096 (QB)

Links:

Bailii

Statutes:

Consumer Protection Act 1987 3, EC Council Directive 93/42/EEC, Medical Devices Regulations 2002

Jurisdiction:

England and Wales

Professional Negligence, Personal Injury, Consumer

Updated: 28 January 2022; Ref: scu.573398

Wood and Another v Tui Travel Plc (T/A First Choice): CA 16 Jan 2017

Claim for damages under the 1982 Act after the claimants suffered acute gastroenteritis while staying at an Hotel in the Dominican Republic while on an all-inclusive holiday provided by the respondent.

Judges:

Sir Brian Leveson P QBD, McFarlane, Burnett LJJ

Citations:

[2017] EWCA Civ 11

Links:

Bailii

Statutes:

Supply of Goods and Services Act 1982

Jurisdiction:

England and Wales

Personal Injury, Consumer

Updated: 28 January 2022; Ref: scu.573283

Queisser Pharma: ECJ 19 Jan 2017

ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Articles 34 to 36 TFEU – Purely domestic situation – Food safety – Regulation (EC) No 178/2002 – Article 6 – Principle of risk analysis – Article 7 – Precautionary principle – Regulation (EC) No 1925/2006 – Member State legislation prohibiting the manufacture and sale of food supplements containing amino acids – Situation in which a temporary derogation to that prohibition is at the discretion of the national authority

Citations:

ECLI:EU:C:2017:26, [2017] EUECJ C-282/15

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 28 January 2022; Ref: scu.573256

Gutierrez Naranjo v Cajasur Banco SAU and similar: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13 / EEC – Contracts with consumers – Mortgages – Unfair terms – Article 4 (2) – Article 6 (1) – Declaration of invalidity – Limitation by national courts of The declaration of nullity of an abusive clause

C-154/15, [2016] EUECJ C-154/15
Bailii
European

Consumer, Banking

Updated: 27 January 2022; Ref: scu.572584

Biuro Podrozy v Prezes Urzedu Ochrony Konkurencji i Konsumentow: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13 / EEC – Directive 2009/22 / EC – Consumer protection – Effect erga omnes of unfair terms in a public register – Pecuniary penalty imposed on a professional who has used a clause considered equivalent to that in the audit Register – Professional not participating in the procedure leading up to the finding of the unfairness of a clause – Article 47 of the Charter of Fundamental Rights of the European Union – Concept of ‘national court whose decisions are not susceptible Of a judicial remedy under national law

C-119/15, [2016] EUECJ C-119/15
Bailii
European

Consumer

Updated: 27 January 2022; Ref: scu.572567