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.

Sir Terence Etherton Ch
[2013] EWHC 4047 (Ch), [2013] WLR(D) 498, [2014] Bus LR 424, [2013] CTLC 231
Bailii, WLRD
Insolvency Act 1986, Consumer Credit Act 1974 106(d)

Insolvency, Consumer, Banking

Updated: 27 November 2021; Ref: scu.519223

Konsumentombudsmannen KO v Ving Sverige: ECJ 3 Feb 2011

ECJ Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Concept of invitation to purchase – Requirement of information related to the marketed product and its price to the consumer to make a purchase – Definition of characteristics Product – Specify a starting price in a commercial communication published in the press – Misleading omissions.

C-122/10, [2011] EUECJ C-122/10
Bailii
European

Consumer

Updated: 12 November 2021; Ref: scu.428504

Air France Sa v Heinz-Gerke Folkerts: ECJ 26 Feb 2013

airfrance_folkertsECJ2013

ECJ (Grand Chamber) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s) – Delay in arrival at the final destination – Delay equal to or in excess of three hours – A passenger’s right to compensation

V Skouris, P
C-11/11, [2013] EUECJ C-11/11
Bailii
Regulation (EC) No 261/2004 6 7

European, Transport, Consumer

Leading Case

Updated: 10 November 2021; Ref: scu.471208

Citroen Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs eV: ECJ 7 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Directives 98/6/EC and 2005/29/EC – Consumer protection – Advertisement containing an indication of price – Concepts of ‘offer’ and ‘price inclusive of taxes’ – Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle)

L. Bay Larsen, P
ECLI:EU:C:2016:527, [2016] EUECJ C-476/14
Bailii

European, Consumer, Media

Updated: 10 November 2021; Ref: scu.566723

Hobohm v Benedikt Kampik Ltd and Co KG and Others: ECJ 23 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction in respect of consumer contracts – Articles 15(1)(c) and 16(1) – Meaning of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile – Transaction-management contract designed to achieve the economic objective pursued by means of a brokerage contract concluded beforehand in the course of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile – Close link

L Bay Larsen, P
ECLI:EU:C:2015:844, [2015] EUECJ C-297/14, [2015] WLR(D) 546, [2016] 2 WLR 940, [2016] ILPr 9
Bailii, WLRD
Regulation (EC) No 44/2001
European

Consumer

Updated: 10 November 2021; Ref: scu.565745

Wathelet: ECJ 9 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Scope – Concept of ‘seller’ – Intermediary – Exceptional circumstances

C-149/15, [2016] EUECJ C-149/15, [2016] WLR(D) 585
Bailii, WLRD
European

Consumer

Updated: 09 November 2021; Ref: scu.571289

Banif Plus Bank Zrt v Csipai: ECJ 21 Feb 2013

barif_csipaoECJ2013

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Examination by the national court, of its own motion, as to whether a term is unfair – Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before drawing conclusions from that finding – Contractual terms to be taken into account in the assessment of that unfairness

A. Tizzano, P
C-472/11, [2013] EUECJ C-472/11
Bailii
Directive 93/13/EEC

European, Contract, Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.471210

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.’

Atkin, Thankerton, MacMillan, Buckmaster Tomlin LL
[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
Bailii
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 . .

Lists of cited by and citing cases may be incomplete.

Negligence, Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.180110

Content Services Ltd v Bundesarbeitskammer: ECJ 6 Mar 2012

Content_serviceECJ0312

ECJ Opinion – Consumer protection – Distance contracts – Directive 97/7/EC – Article 5 – Information that the consumer must ‘receive’ in a ‘durable medium’ – Information available on a website which the consumer can access via a hyperlink

Mengozzi AG
C-49/11, [2012] EUECJ C-49/11
Bailii
Directive 97/7/EC
Cited by:
OpinionContent Services Ltd v Bundesarbeitskammer ECJ 5-Jul-2012
ECJ Reference for a preliminary ruling – Directive 97/7/EC – Consumer protection – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.463186

Content Services Ltd v Bundesarbeitskammer: ECJ 5 Jul 2012

ECJ Reference for a preliminary ruling – Directive 97/7/EC – Consumer protection – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website of the supplier – Right of withdrawal
‘a durable medium, within the meaning of Article 5(1) of Directive 97/7, must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary.
Where a medium allows the consumer to store the information which has been addressed to him personally, ensures that its content is not altered and that the information is accessible for an adequate period, and gives consumers the possibility to reproduce it unchanged, that medium must be regarded as ‘durable’ within the meaning of that provision.’
. . And: ‘a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1). ‘

K Lenaerts, P
[2012] EUECJ C-49/11, C-49/11, [2012] WLR(D) 195
Bailii, WLRD
Directive 97/7/EC
European
Citing:
OpinionContent Services Ltd v Bundesarbeitskammer ECJ 6-Mar-2012
Content_serviceECJ0312
ECJ Opinion – Consumer protection – Distance contracts – Directive 97/7/EC – Article 5 – Information that the consumer must ‘receive’ in a ‘durable medium’ – Information available on a website which the consumer . .

Lists of cited by and citing cases may be incomplete.

Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.515275

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014

ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal

A Tizzano, P
ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14
Bailii
Directive 93/13/EEC, Charter of Fundamental Rights of the European Union
European
Citing:
OrderSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 5-Jun-2014
(Order Of The Court) . .
PositionSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling . .

Lists of cited by and citing cases may be incomplete.

Consumer, Human Rights

Updated: 09 November 2021; Ref: scu.535388

Fisher v Bell: QBD 10 Nov 1960

Fisher_BellQBD1960

A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case the shopkeeper had merely issued an invitation to treat.
Held: The display of the knife in the window was indeed only an invitation to treat, and the knife had not been offered for sale. In the Keating and Wiles cases the Acts in question allowed a conviction where an item was exposed for sale. That did not apply here. The appeal was dismissed.
Lord Justice Parker said: ‘It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract.’

Parker LJ CJ, Ashworth Elwes JJ
[1961] 1 QB 394
Citing:
DistinguishedWiles v Maddison 1943
It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an . .
CitedMagor and St Mellons Rural District Council v Newport Corporaion HL 1951
The Court of Appeal had tried to fill in the gaps in a statute where parliament had intended an effect.
Held: Rights to compensation are well capable of falling within the definition of ‘property of a company’ in the relevant provisions of the . .
DistinguishedKeating v Horwood QBD 1926
A baker’s van was doing its rounds, delivering bread which had already been ordered but the van also contained bread which could be bought as required. The bread was underweight The Order prohibited the offering or exposing for sale of food . .

Lists of cited by and citing cases may be incomplete.

Crime, Consumer, Contract

Leading Case

Updated: 09 November 2021; Ref: scu.185104

Dimond v Lovell: HL 12 May 2000

A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Held: The arrangement was a consumer credit agreement, and since it was not in proper form, the sums were not recoverable from the claimant and so in turn were not recoverable either from the defendant. The Act was intended to punish those who sought to work around it.
The additional benefits achieved as part of the mitigation of loss must be taken into account. Even if the claimant could have recovered she could have recovered no more than the ‘spot’ charge and not the charges made for an agreement that entitled the claimant to more benefit than the cost of hire itself (eg by way of financing the cost of replacement pending resolution of a claim or the cost of fighting the claim itself).

Lord Browne-Wilkinson, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Saville of Newdigate, Lord Hobhouse of Wood-borough
Gazette 31-May-2000, Times 12-May-2000, [2000] UKHL 27, [2000] 2 All ER 897, [2000] 2 WLR 1121, [2002] 1 AC 384, (2000) Rep LR 62, [2000] CCLR 57, [2000] RTR 243
House of Lords, Bailii
Consumer Credit Act 1974 127(1)
England and Wales
Citing:
Appeal fromDimond v Lovell CA 29-Apr-1999
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct . .
CitedMcAll v Brooks CA 1984
After a road accident the plaintiff hired a car. His insurance brokers provided the car under an arrangement that was alleged to be illegal insurance business and would have prevented them from being subrogated to the plaintiff’s claim for damages . .
CitedGiles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
CitedDonnelly v Joyce CA 18-May-1973
A six year old injured his leg in a road accident, and needed daily attention. His mother gave up her job to look after him. The claim for damages on behalf of he boy included the mother’s loss of earnings. This was objected to on the grounds that . .
CitedBritish Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedHunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .
CitedBellingham v Dhillon QBD 1973
The plaintiff claimed damages for personal injuries, and in particular the loss of profits from his driving school business. He lost the opportunity to lease a driving simulator which would have enabled his company to earn a continuing profit. In . .
CitedOrakpo v Manson Investments Ltd HL 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of . .

Cited by:
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
CitedLagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
CitedMcMillan Williams (a Firm) v Range CA 17-Mar-2004
The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that . .
CitedBee v Jenson ComC 21-Dec-2006
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the . .
CitedBee v Jenson CA 13-Sep-2007
The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward . .
CitedArmchair Passenger Transport Ltd v Helical Bar Plc and Another QBD 28-Feb-2003
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant.
Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert . .
CitedHeath v Southern Pacific Mortgage Ltd ChD 29-Jan-2009
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section . .
CitedCopley v Lawn; Maden v Haller CA 17-Jun-2009
The parties had been involved in a road accident. The insurer for the liable party offered a car for use whilst the claimant’s car was being repaired. The claimants had rejected that offer, and now appealed against a refusal to award them the cost . .
CitedSouthern Pacific Mortgage Ltd v Heath CA 5-Nov-2009
The court considered the effect of an agreement within the 1974 Act falling into more than one category of agreement. Part was used to be used for the repayment of an existing mortgage (restricted use credit), and part was unrestricted. The question . .
CitedCarey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009
carey_hsbcQBD2009
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give . .
CitedSternlight v Barclays Bank Plc QBD 22-Jul-2010
Various credit card customers said that the respondent banks had mis-stated the interest rates applied to them, in that the interest charged did not match the APR advertised, and that therefore the agreements were unenforceable.
Held: The . .
CitedThe Office of Fair Trading v Ashbourne Management Services Ltd and Others ChD 27-May-2011
The OFT alleged that the defendant companies had been engaged in breaches of the Act and the Regulations in their practices in selling gym memberships. The defendant were selling and managing memberships for gyms. They advised as to the different . .
CitedDickinson and Others v Tesco Plc and Others CA 4-Feb-2013
The court considered the practice on claims for hire of a replacement car on credit terms after a road traffic accident. The defendant resisted paying for the credit where the claimant could have hired without a credit arrangement. The defendants . .
CitedSalat v Barutis CA 20-Nov-2013
The claimant had been knocked from his motor cyle by the defendant. He hired a replacement, but when he sought payment of the associated hire charges, the defendant said that the hire company had failed to comply with the 208 Regulations, and that . .

Lists of cited by and citing cases may be incomplete.

Consumer, Damages

Leading Case

Updated: 02 November 2021; Ref: scu.79968

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

An insurance company had engaged a main contractor to handle repairs to houses insured under its policies. The contractor had engaged the claimant subcontractor to carry out the works at the defendants’ homes, but then went into insolvent liquidation before the works were paid for. The claimant now sought payment direct from the insured. The defendants denied any contract with the claimant, despite mandates signed by them.
Held: The claims failed. It was both a perfectly possible reading of the mandate and far more consonant with the commercial common sense of the situation to interpret it to mean that, although the insurer will be responsible for paying the cost of the insured losses, the householder will remain liable for all other costs, namely the policy excess and any works not covered by the insurance.
The court considered the possible application of the contra preferentem rule: ‘The fact that the contra proferentem rule is a matter of common law whereas regulation 7 (2) is a creature of statute is no reason to differentiate between their applications; the 1999 Regulations give wholesale effect to a European Directive and it is unnecessary to suppose that they were intended to affect the common law relating to contractual interpretation. The occasions on which the principle of construction and the common-law rule apply are the same: their operation is limited to cases of genuine interpretative doubt or ambiguity’
The contracts were to be determined on the standard rules for construction. If the terms were unambiguous then the 1999 Regulation had no application, and ‘ it is impermissible to prejudge the construction of the mandates by presupposing an analysis that ignores them. The mandates were in fact signed. A common reason for having written express contracts is to impose and assume liabilities that would not otherwise be implied.’

Keyser QC J
[2013] EWHC 484 (QB)
Bailii
Unfair Terms in Consumer Contracts Regulations 1999 7
England and Wales
Citing:
CitedInvestors 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 . .
CitedChartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
CitedSt Edmundsbury and Ipswich Diocesan Board of Finance v Clark (No.2) CA 1973
When looking at a contract ‘one must construe the document according to the natural meaning of the words contained in the document as a whole, read in the light of surrounding circumstances.’
The contra preferetem rule can only come into play . .
CitedMira Oil Resources of Tortola v Bocimar NV ChD 1999
Colman J discussed the application of the contra preferentem rule: ‘Further, this is not a case where the meaning of the words is so finely balanced that the contra proferentum rule should be applied in favour of the owners. If in the view of the . .
CitedAssociation of British Travel Agents Ltd v British Airways Plc CA 2000
Sedley LJ described the common-law rule of contra preferentem, that any doubt as to the meaning of contractual words will be resolved by construing them against the party that put them forward, as ‘a principle not only of law but of justice’ and . .
ApprovedThe Financial Services Authority v Asset L I Inc and Others ChD 8-Feb-2013
The court was asked whether so-called ‘land-banking’ schemes were ‘collective investments schemes’ within section 235.
Held: Andrew Smith J discussed the difference in effect between the contra preferentem rule, and regulation 7 of the 1999 . .
CitedRainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
CitedPink Floyd Music Ltd and Another v EMI Records Ltd CA 14-Dec-2010
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
CitedDirect Travel Insurance v McGeown CA 12-Nov-2003
The contra proferentem interpretation rule is to be invoked only in cases of genuine doubt or ambiguity. Auld LJ said: ‘A court should be wary of starting its analysis by finding an ambiguity by reference to the words in question looked at on their . .
CitedDu Plessis v Fontgary Leisure Parks Ltd CA 2-Apr-2012
The claimant, who owned a holiday mobile home on the respondent’s site challenged the raising of site fees, saying that the contract was unfair. Previously all site fees were equal within the site, but the respondent had introduced a scheme which . .
CitedBrown and Davis Ltd v Galbraith CA 1972
The defendant’s car was damaged in a collision. It was taken to the plaintiff’s garage for repair. The defendant’s insurers contracted with the defendant to pay for the repairs for a specified amount. The plaintiff carried out repair work, and the . .
CitedCurtis v Chemical Cleaning and Dyeing Co CA 1951
The defendant sought to rely on an exemption clause in its garment cleaning contract. The defendant’ shop assistant had said that it extended only to damage to beads and sequins, whereas by its terms it covered all liability for damage to articles . .
CitedAmalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
CitedPeekay Intermark Ltd v Australia and New Zealand Banking Group Ltd CA 6-Apr-2006
Moore-Bick LJ discussed whether the court should give effect to a non-reliance clause in a contract saying: ‘It is common to include in certain kinds of contracts an express acknowledgement by each of the parties that they have not been induced to . .

Lists of cited by and citing cases may be incomplete.

Contract, Insurance, Consumer

Leading Case

Updated: 02 November 2021; Ref: scu.471743

Durkin v DSG Retail Ltd and Another: SC 26 Mar 2014

Cancellation of Hire Finance Contract

The claimant had bought a PC with a finance agreement with the respondent. He rejected it a day later, but the respondent refused to cancel the credit agreement. The respondent had threatened to report his non-payment to credit reference companies, which in due course caused the appellant more difficulties. He claimed damages of 250,000 pounds for this damage, alleging negligence. He had succeeded in establishing a right to reject the computer. The bank succeeded on appeal against a finding that it was liable in damages.
Held: The appeal succeeded. Lord Hodge said that the purpose of the restricted-use credit agreement is to finance a transaction between the consumer and the supplier. Where, as here, the contract is tied to a particular transaction, it has no other purpose. The rescission of the supply agreement excuses the innocent party from further performance of any obligations he has under it. It is inherent in a debtor-creditor-supplier agreement under the 1974 Act, which is also tied into a specific supply transaction, that if the supply transaction it financed is brought to an end by the supplier’s repudiatory breach of contract, the debtor must repay the borrowed funds recovered from the supplier. In order to reflect that reality, the law implies a term into such a credit agreement that it is conditional upon the survival of the supply agreement. The debtor on rejecting the goods and thereby rescinding the supply agreement for breach of contract may also rescind the credit agreement by invoking this condition.

Hale, Hodge LL
[2014] 1 WLR 1148, [2014] UKSC 21, [2014] WLR(D) 144, 2014 GWD 12-211, UKSC 2012/0135
Bailii, WLRD, SC Summary, SC
Consumer Credit Act 1974 75(1)
Scotland
Citing:
Appeal fromDurkin (Aberdeen Sheriff Court) v DSG Retail Ltd SCS 15-Jun-2010
The appellant had purchased a computer from an associated company of the defender with finance from the defender. He complained that on his return of the computer the defender had failed to cancel the consumer credit agreement, causing him losses. . .
CitedUnited Dominions Trust Ltd v Taylor ScSf 1980
. .
CitedKrell v Henry CA 1903
A contract to rent rooms for two days and from which the coronation processions of King Edward VII were to be viewed was frustrated when the processions were cancelled on the days the rooms were taken for because the contract was ‘a licence to use . .
CitedMcWilliams v Sir William Arrol and Company Ltd HL 21-Feb-1962
Damages were sought after the death of the pursuer’s husband working for the respondent. The trial judge had been satisfied that even if the defendants had performed their duty at common law and pursuant to statute, and had provided the deceased . .
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 . .
CitedFederal Commerce Ltd v Molena Alpha Inc; (The ‘Nanfri’) CA 1978
The court considered whether claim as against a shipowner could be set off against sums due under a time charter hire.
Held: Save for any contractual provision to the contrary a tenant is entitled to deduct from the rent payable, so as to . .
CitedPhoto Production Ltd v Securicor Transport Ltd HL 14-Feb-1980
Interpretation of Exclusion Clauses
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an . .

Lists of cited by and citing cases may be incomplete.

Consumer, Negligence, Banking

Leading Case

Updated: 01 November 2021; Ref: scu.523194

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

The defendants contracted to pay estate agents to find them a house. They completed the purchase of a property mentioned to them three times by the agent, but now appealed from a finding that they were obliged to pay his commission. The judge found that it was not implied into the contract that the commission would be payable only if the agent was an effective contributor to the transaction.
Held: The appeal was dismissed. The main reason for implying the term would be to avoid the client having to pay two commissions, but that was already precluded, and express terms were inconsistent with the term sought to be implied, and ‘The fact that it may be arguable whether a term should be implied . . does not mean that there is a doubt about the meaning of a written term’.

Longmore LJ
[2008] EWCA Civ 26, [2008] 1 EGLR 24, [2008] 1 WLR 909, [2008] NPC 10, [2008] 15 EG 178
Bailii
Estate Agents Act 1979, Unfair Terms in Consumer Contracts Regulations 1999 (1999 SI No. 2083) 7(2)
England and Wales
Citing:
CitedThe Moorcock CA 1889
Unless restricted by something else, an employer ought to find work to enable a workman to perform his part of the bargain, namely, to do his work. A term will be implied into a contract only to the extent required to give the contract efficacy: ‘if . .
CitedShirlaw v Southern Foundries (1926) Ltd CA 1939
The court warned against the over-ready application of any principle to justify the implication of terms into a contract. McKinnon LJ set out his ‘officious bystander’ test: ‘If I may quote from an essay which I wrote some years ago, I then said: . .
CitedBrian Cooper and Co v Fairview Estates (Investments) Ltd CA 13-Mar-1987
A substantial property developer sought a tenant for its office block and agreed with his selling agent to pay ‘a full scale letting fee . . should you introduce a tenant by whom you are unable to be retained and with whom we have not been in . .
CitedToulmin v Millar HL 1887
The agent claimed a second commission when his principal, who had already paid a commission for the procuring of a tenant, was asked to pay a second commission on the purchase of the property by the tenant at a later date.
Held: Where there . .
CitedDoyle v Mount Kidston Mining and Exploration Property Ltd 1984
(Queensland) McPherson J considered an estate agent’s contract: ‘it would have been quite artificial to suppose that the parties intended that the agent should earn his commission simply by finding an individual who, independently of any further . .
CitedShirlaw v Southern Foundries (1926) Ltd HL 1940
Where a party enters into an arrangement which can only take effect by the continuance of an existing state of circumstances, there is an implied engagement on his part that he will do nothing of his own motion to put an end to that state of . .
CitedMillar Son and Co v Radford CA 1903
For an estate agent to recover his commission, it was ‘necessary’ to show that the agent’s introduction was an ‘efficient’ (namely effective) cause in bringing about the transaction. . .

Cited by:
CitedOffice of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
CitedFoxtons Ltd v Pelkey Bicknell and Another CA 23-Apr-2008
The defendant appealed against a finding that she was liable to pay her estate agent, appointed as sole agent, on the sale of her property. The eventual purchasers had visited but rejected the property. The agency was later terminated, and the . .
CitedGlentree Estates Ltd and Others v Favermead Ltd ChD 20-May-2010
The claimant estate agents claimed commission on property sales. The defendant said that the agreement to pay commission had been waived.
Held: The sale triggered the commission. However the later agreement did work to vary the original . .

Lists of cited by and citing cases may be incomplete.

Contract, Agency, Consumer

Updated: 01 November 2021; Ref: scu.264035

Zentrale Zur Bekampfung Unlauteren Wettbewerbs Frankfurt Am Main eV v comtech GmbH: ECJ 2 Mar 2017

Consumer Helpline may not charge basic Rate

ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 21 – Communication by telephone – Operation of a telephone line by a trader to enable consumers to contact him in relation to a contract concluded – Prohibition on applying a rate higher than the basic rate – Concept of ‘basic rate’

A Prechal (Rapporteur) P
C-568/15, [2017] EUECJ C-568/15, [2017] WLR(D) 149, ECLI:EU:C:2017:154
Bailii, WLRD
Directive 2011/83/EU 21
European

Consumer

Updated: 01 November 2021; Ref: scu.579690

Jarvis v Swans Tours Ltd: CA 16 Oct 1972

The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, including a contract for a holiday, damages can be recovered for mental distress and vexation. The damages awarded by the county court judge were inadequate. The descriptions in the brochure were representations or warranties, but after the 1967 Act, it was no longer necessary to decide which since damages were available for either. The measure of damages was the loss of entertainment and enjoyment which was promised, and not delivered.
Lord Denning said: ‘In a proper case damages for mental distress can be recovered in contract, just as damages for shock can be recovered in tort. One such case is a contract for a holiday or any other contract to provide entertainment and enjoyment. If the contracting party breaks his contract, damages can be given for the disappointment, the distress, the upset and frustration caused by the breach. I know that it is difficult to assess in terms of money, but it is no more difficult than the assessment which the courts have to make every day in personal injury cases for loss of amenity. Take the present case. Mr Jarvis has only a fortnight’s holiday in the year. He books it far ahead and looks forward to it all that time. He ought to be compensated for the loss of it . . Here Mr Jarvis’s fortnight’s winter holiday has been a grave disappointment. It is true that he was conveyed to Switzerland and had meals and bed in the hotel. But that is not what he went for. He went to enjoy himself with all the facilities which the defendant said he would have. He is entitled to damages for the lack of those facilities and for his loss of enjoyment.’
Edmund Davies LJ said: ‘The court is entitled, and indeed bound, to contrast the overall quality of the holiday so enticingly promised with that which the defendant in fact provided . . When a man has paid for and properly expects an invigorating and amusing holiday and, through no fault of his, returns home dejected because his expectations have been largely unfulfilled in my judgment it would be quite wrong to say his disappointment must find no reflection in the damages to be awarded.’

Lord Denning MR, Edmund Davies and Stephenson LJJ
[1973] 1 All ER 71, [1972] 3 WLR 954, [1973] QB 233, [1972] EWCA Civ 8
lip, Bailii
Misrepresentation Act 1967
England and Wales
Citing:
Not FollowedHobbs v London and South Western Railway Co 1875
The court considered an application for damages for inconvenience in a breach of contract case: ‘for the mere inconvenience, such as annoyance and loss of temper, or vexation, or for being disappointed in a particular thing which you have set your . .
CitedBailey v Bullock 1950
The court awarded damages against solicitors for the inconvenience to the plaintiff of having to live in an overcrowded house. . .
CitedStedman v Swan’s Tours CA 1951
The plaintiffs sought damages for their disappointing holiday in Jersey. Instead of enjoying the superior rooms with a sea view in a first class hotel expected, the holiday party found that the rooms reserved for them were very inferior and had no . .
CitedBruen v Bruce (Practice Note) CA 1959
. .
CitedFeldman v Allways Travel Service 1957
The claimant sought damages after a disappointing holiday.
Held: Such damages were capable of being awarded. . .
Not FollowedHamlin v Great Northern Railway Co 19-Nov-1856
A plaintiff can recover whatever damages naturally resulted from the breach of contract, but damages cannot be given ‘for the disappointment of mind occasioned by the breach of contract.’ . .
CitedGriffiths v Evans CA 1953
The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a . .

Cited by:
AppliedHeywood v Wellers CA 1976
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited . .
CitedWiseman v Virgin Atlantic Airways Ltd QBD 29-Jun-2006
The claimant said that he was refused permission to board a flight by the defendants representative without paying a bribe, and was publicly humiliated for not doing so.
Held: Whilst the claimant could recover for his own additional expenses, . .
CitedYearworth and others v North Bristol NHS Trust CA 4-Feb-2009
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them . .
CitedMilner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .

Lists of cited by and citing cases may be incomplete.

Consumer, Contract, Damages

Leading Case

Updated: 01 November 2021; Ref: scu.174316

Baybut v Eccle Riggs Country Park Ltd: ChD 2 Nov 2006

The purchaser of a caravan park purported to terminate the 10 year licences under which the owners of the various caravans occupied their respective pitches. The sale agreement of the caravan site had contained a covenant by the purchaser with the vendor to perform and observe the future obligations imposed by the licences. The claimant sought to assert that a term implied into her contract with the defendant was unfair under the 1999 Regulations.
Held: Under the sale agreement the purchaser took the benefit of the licences conditionally on accepting the burdens thereunder, and there is a principle that one who takes the benefit of a licence to occupy the land granted to another in the form of an income stream, presumably by receiving periodical payments, will be bound by the burden to permit the licence-holder to occupy his pitch.
Regulation 4(2) excluded terms which reflected mandatory statutory provisions, but clauses implied at common law were to reflect the unspoken but obvious intentions of the parties. It was highly unlikely that the 1999 Regulations could ever apply to such terms. This was supported by an examination of the indicative list of unfair terms in the Regulations.

Judge Pelling, QC
Times 13-Nov-2006, [2006] All ER (D) 161 (Nov), 2006 WL 3206169
Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083)
England and Wales
Cited by:
CitedOffice of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
CitedDavies and Others v Jones and Another CA 9-Nov-2009
The parties contracted for the sale of land for development. The contract allowed for the costs of environmental remediation, but disputed the true figure set by the eventual builder and retained. The court now heard argument about whether the sum . .

Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 01 November 2021; Ref: scu.247641

Peabody Trust v Reeve: ChD 2 Jun 2008

The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would have had such powers. The tenant said that such a term would be void under the 1999 Regulations.
Held: The sanction was refused. The case of Kilby concerned restricting a statutory power, and it was not impossible to manage properties without such a power. The associated risks were ones which the legislature had passed to such landlords.
It is now clear that the 1999 Regulations do apply to contracts relating to land. To the extent that the clause was ambiguous it was to be read in favour of the tenants. In tis case there was not abiguity, but rather two clauses flatly contradicting each other, and ‘if there is no compelling reason to choose one sub-clause over the other, the contra proferentem principle does enable the court to break the deadlock and apply the provision less favourable to the party putting the terms forward. ‘

Moss QC
[2008] EWHC 1432 (Ch), Times 09-Jun-2008
Bailii
Housing Act 1985 103, Unfair Terms in Consumer Contracts Regulations 1999
England and Wales
Citing:
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
CitedTam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd PC 1996
The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank . .
CitedKilby, Regina (on the Application of) v Basildon District Council CA 22-May-2007
The court was asked whether a local authority can lawfully bind itself by contract to subject the exercise of its statutory power to vary its tenancy agreements by notice to the approval of tenants’ representatives.
Held: The local authority . .
CitedFreiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter ECJ 1-Apr-2004
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Consumer

Updated: 01 November 2021; Ref: scu.276669

HFO Capital Ltd v Wegmuller: Misc 24 Jan 2012

‘claim brought by the claimant for monies allegedly owed by the defendant under a credit agreement regulated by the Consumer Credit Act 1974. It is claimed that the credit agreement was made between Barclaycard and the defendant in about June 2006. It involved the provision of a credit card by Barclaycard to the defendant.!

[2012] EW Misc 19 (CC)
Bailii
Consumer Credit Act 1974

Banking, Consumer

Updated: 31 October 2021; Ref: scu.510048

Bairstow Eves London Central Ltd v Smith and Another: QBD 20 Feb 2004

Gross J
[2004] EWHC 263 (QB), [2004] 29 EG 118, [2004] 2 EGLR
Bailii
Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083)
England and Wales
Cited by:
CitedOffice of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
CitedOffice of Fair Trading (OFT) v Abbey National Plc and Others SC 25-Nov-2009
The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could . .

These lists may be incomplete.
Updated: 16 June 2021; Ref: scu.347396

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.
Times 14-Apr-1999
Resale Prices Act 1976 17
England and Wales
Cited by:
See AlsoIn 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 AlsoIn 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 alsoIn 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 . .

These lists may be incomplete.
Updated: 04 June 2021; 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.
Times 13-Dec-2002, [2002] EWHC 2379 (Admin)
Bailii
Banking Code 1998
England and Wales
Citing:
CitedRegina 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 . .
CitedInvestors 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 . .
CitedRegina 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 . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.178117

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
Maciej Szpunar AG
C-310/13, [2014] EUECJ C-310/13 – O
Bailii
Directive 85/374/EC
European
Cited by:
OpinionNovo 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 . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.526444

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
L Bay Larsen, P
[2014] EUECJ C-310/13, ECLI:EU:C:2014:2385
Bailii
Directive 85/374/EC
European
Citing:
OpinionNovo 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 . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.567371

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.
Times 08-Jan-1999
Environmental Protection Act 1990 79
England and Wales
Cited by:
Appeal fromBirmingham 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 . .

These lists may be incomplete.
Updated: 11 May 2021; 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.
Beldam LJ, Kennedy and Aldous LJJ
Gazette 17-Sep-1997, Times 03-Oct-1997, [1997] EWCA Civ 2282, [1998] QB 948, [1998] 1 All ER 997
Bailii
Estate Agents Act 1979 3(2)(a)
England and Wales
Cited by:
CitedGeneral 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 . .
CitedWright 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 . .

These lists may be incomplete.
Updated: 23 April 2021; 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.
Times 22-Sep-2000
Trade Descriptions Act 1968 13
England and Wales

Updated: 21 April 2021; 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
Huskinson Judge
[2012] UKUT 86 (LC)
Bailii
Landlord and Tenant Act 1985 20B, Unfair Terms in Consumer Contracts Regulations 1999
England and Wales

Updated: 12 April 2021; 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.
Evans, Waite LJJ, Sir John May
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
Bailii
Administration of Justice Act 1970 30, Administration of Justice Act 1973 8
England and Wales

Updated: 10 April 2021; Ref: scu.79006

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.
Times 01-Apr-1994, [1994] CCLR 127
England and Wales
Cited by:
CitedAnglo 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 . .

These lists may be incomplete.
Updated: 09 April 2021; 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
C-472/10, [2012] EUECJ C-472/10, ECLI:EU:C:2012:242
Bailii
Directive 93/13/EEC
European
Citing:
OpinionNemzeti 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 . .

These lists may be incomplete.
Updated: 25 March 2021; 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.
Lord Bracadale
[2010] ScotCS CSOH – 134, 2010 SLT 1203, 2010 GWD 32-655
Bailii
Tobacco and Primary Medical Services (Scotland) Act 2010 1(1) 9, Scotland Act 1998 29(1)
Scotland
Cited by:
OpinionImperial 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 . .

These lists may be incomplete.
Updated: 28 February 2021; Ref: scu.425209

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.
C-320/08, [2009] EUECJ C-320/08 – O
Bailii
Directive 2002/22/EC
European
Cited by:
OpinionRosalba 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 . .

These lists may be incomplete.
Updated: 21 February 2021; 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.
T-212/06, [2009] EUECJ T-212/06
Bailii
Regulation (EC) No 178/2002
European

Updated: 19 February 2021; 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
C-180/06, [2008] EUECJ C-180/06 – O
Bailii
European
Cited by:
OpinionIlsinger 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 . .

These lists may be incomplete.
Updated: 10 February 2021; 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.
Lawrence Collins LJ
[2008] EWCA Civ 841, [2009] CCLR 4
Bailii
Consumer Credit Act 1974
England and Wales
Cited by:
CitedMcGuffick 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 . .

These lists may be incomplete.
Updated: 09 February 2021; 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
C-429/05, [2007] EUECJ C-429/05, [2008] Bus LR 715, [2007] ECR I-8017
Bailii
European

Updated: 02 February 2021; 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.’
Viscount Simonds, Lord Reid, Lord Tucker, Lord Keith of Avonholm, Lord Somervell of Harrow
[1959] UKHL 1, [1960] AC 87
Bailii
Copyright Act 1956 8
England and Wales

Updated: 01 February 2021; 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.
[2006] EWHC 1749 (Admin)
Bailii
Food Safety Act 1990 8
England and Wales
Citing:
CitedMarco (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 . .
CitedRegina 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 . .

These lists may be incomplete.
Updated: 30 January 2021; 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.
C-132/03, [2005] EUECJ C-132/03
Bailii

Updated: 23 January 2021; Ref: scu.225308

Bryen and Langley Limited v Boston: TCC 4 Nov 2004

His Honour Judge Richard Seymour
[2004] EWHC 2450 (TCC)
Bailii
Cited by:
Appeal fromBryen 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 . .

These lists may be incomplete.
Updated: 21 January 2021; 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
C-542/99, [2001] EUECJ C-542/99, [2001] ECR I-9049, [2003] 1 CMLR 42, [2002] All ER (EC) 657
Bailii
Directive 93/13/EEC
European

Updated: 19 January 2021; 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.
Times 30-Jan-2003, [2003] EUECJ C-388/01, [2003] ECR I-721
Bailii
EC Treaty 812 49
European
Cited by:
CitedCollins 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 . .

These lists may be incomplete.
Updated: 09 January 2021; Ref: scu.178732

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.
[1998] 1 WLR 1035, [1998] EUECJ C-45/96
Bailii
Council Directive 85/557/EEC
European
Cited by:
CitedBarclays 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 . .

These lists may be incomplete.
Updated: 06 January 2021; 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.
Lord Justice Rose And The Hon Mrs Justice Rafferty
[2000] EWHC Admin 441
Bailii
Timeshare Act 1992, Magistrates Courts Act 1980 8 11
England and Wales
Citing:
CitedRegina 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. . .
CitedRegina v Chippenham Justices ex parte Harris QBD 28-Jan-1994
. .
CitedRegina v Birmingham City Magistrates’ Court ex parte David Frank Booth Admn 12-May-1999
. .

These lists may be incomplete.
Updated: 23 December 2020; 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.
Kennedy LJ, Sumner J
Times 29-Aug-1998, Gazette 26-Aug-1998, [1998] EWCA Civ 1209, [1999] 1 WLR 263
Bailii
Consumer Credit Act 1974 87(1) 88, Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561)
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 . .
[1916] 1 AC 1
CitedHandel v The City of London Brewery 1901
. .
[1901] Ch D 496
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 . .
[1959] 1 WLR 1060, [1959] 3 All ER 642

These lists may be incomplete.
Updated: 19 December 2020; 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.
Ind Summary 20-Sep-1993, Times 22-Jul-1993, C-18/92, C-18/92, [1993] EUECJ C-18/92
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 . .
[2005] EWCA Civ 892, Times 26-Jul-05

These lists may be incomplete.
Updated: 19 December 2020; 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.
Times 19-Jan-2000, [1999] EWHC Ch 190
Bailii
England and Wales

Updated: 18 December 2020; 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.
Times 23-Mar-2001, Gazette 11-May-2001
Consumer Protection Act 1987 20(1)

Updated: 17 December 2020; 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.’
Peter Gibson, Waller and Buxton LJJ
Times 21-Sep-1999, Gazette 15-Sep-1999, Gazette 17-Feb-2000, Times 14-Mar-2000, [2000] EWCA Civ 27, [2000] QB 672
Bailii
Unfair Terms in Consumer Contracts Regulations 1994 (1994 No 3159)
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. . .
[1999] EWHC Ch 206, [2000] 1 WLR 98
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 . .
(1883) 25 Ch D 338
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.’ . .
[1980] 1 WLR 932
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 . .
1982 SLT 20

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 . .
Times 01-Nov-01, [2002] 1 AC 481, [2001] UKHL 52, [2001] 3 WLR 1297, [2002] 1 LLR 489, [2001] 2 All ER (Comm) 1000, [2002] 1 All ER 97, [2002] ECC 22, [2002] 1 Lloyd’s Rep 489
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 . .
[2008] EWHC 1662 (Ch)

These lists may be incomplete.
Updated: 17 December 2020; Ref: scu.79974

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.
Times 29-Jul-1993, Gazette 13-Oct-1993, Ind Summary 27-Sep-1993, Ind Summary 30-Aug-1993
Prices Act 1974 7 of Schd

Updated: 16 December 2020; Ref: scu.77742

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.
Mr Recorder Lowe QC
[2012] CTLC 109
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 . .
[2013] EWCA Crim 818

These lists may be incomplete.
Updated: 16 December 2020; 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.
Dillon LJ, Ralph Gibson LJ
[1991] 1 All ER 250
Consumer Credit Act 1974
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 . .
[2009] EWHC 305 (Ch)

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.304584

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.
Gazette 22-Mar-2001, Times 18-Feb-2001
Consumer Protection Act 1987 20(2)
England and Wales

Updated: 14 December 2020; Ref: scu.83079

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.
Times 21-Mar-2000, Gazette 23-Mar-2000
Sale of Goods Act 1979 25(1)

Updated: 14 December 2020; 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.’
Lord Russell CJ
(1898) 2 QB 306
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 . .
    [2003] EWHC 2847 (Admin), Times 03-Dec-03

These lists may be incomplete.
Updated: 09 December 2020; Ref: scu.188662

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

Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757
Consumer Arbitration Agreements Act 1988
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 . .
    Independent 08-Jul-96

These lists may be incomplete.
Updated: 02 December 2020; 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
Waller J
Independent 08-Jul-1996
Consumer Arbitration Agreements Act 1988
England and Wales
Cited by:

These lists may be incomplete.
Updated: 02 December 2020; 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.
References: [1989] 1 All ER 918
Statutes: Consumer Credit (Agreements) Regulations 1983 (1983 No 1553) 2
Jurisdiction: England and Wales
This case is 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, . .
    (Times 25-Oct-01, Gazette 15-Nov-01, , [2001] EWCA Civ 1466, [2002] 1 WLR 685)

These lists may be incomplete.
Last Update: 26 November 2020; Ref: scu.180916

Beckett v Cohen: QBD 1972

References: [1972] 1 WLR 1593
Statutes: Trade Descriptions Act 1968 14(1)
Jurisdiction: England and Wales
This case is 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 . .
    (Times 03-Jan-97, , [1996] EWHC Admin 376)

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.194019