Consumer Law in UK Law

Leading Cases
  • Director General of Fair Trading v First National Bank Plc
    • House of Lords
    • 25 Oct 2001

    The object of the regulations and the directive is to protect consumers against the inclusion of unfair and prejudicial terms in standard-form contracts into which they enter, and that object would plainly be frustrated if regulation 3(2)(b) were so broadly interpreted as to cover any terms other than those falling squarely within it. In my opinion the term, as part of a provision prescribing the consequences of default, plainly does not fall within it.

    Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.

    The twin requirements of good faith and significant imbalance will in practice be determinative. Schedule 2 to the Regulations, which explains the concept of good faith, provides that regard must be had, amongst other things, to the extent to which the seller or supplier has dealt fairly and equitably with the consumer. Any purely procedural or even predominantly procedural interpretation of the requirement of good faith must be rejected.

  • The Office of Fair Trading v Abbey National Plc and 7 Others
    • Queen's Bench Division (Commercial Court)
    • 24 Abr 2008

    It will be necessary to return to the application of Regulation 6(2) to the Relevant Terms, but it is convenient at this point to say something of the proper approach to giving effect to it.

    I have referred to the need for a “recognisable” exchange between the service that the customer receives and what he is to pay.

  • Interflora, Inc. and Another v Marks and Spencer Plc and Another
    • Chancery Division
    • 12 Jun 2013

    "It is appropriate to protect all consumers from unfair commercial practices; however the Court of Justice has found it necessary in adjudicating on advertising cases since the enactment of Directive 84/450/EEC to examine the effect on a notional, typical consumer.

  • Paragon Finance Plc v Nash and Another; Same v Staunton and Another
    • Court of Appeal
    • 15 Oct 2001

    It might be said that, if variations in rates of interest are not to be taken into account in deciding whether a credit bargain is extortionate, then there is a glaring lacuna in the protection provided by the 1974 Act. Mr Malek was unable to suggest any policy reason why the protection should be limited in this way.

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