Consumer Law in UK Law

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

    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.

  • 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.

    Secondly, the average consumer provides what the EU legislature has described in recital (18) of the Unfair Commercial Practices Directive as a "benchmark". As counsel for M & S put it, the test is a "normative" one. By assessing matters from the perspective of a consumer who is reasonably well-informed and reasonably observant and circumspect, confusion on the part of those who are ill-informed or unobservant is discounted.

    There is nevertheless a significant dispute between the parties with regard to the average consumer (and the reasonably well-informed and reasonably observant internet user, as to whom see below).

    Fifthly, Lewison LJ does not refer to many of the authorities discussed above, no doubt because they were not cited. This is not a binary question: is the average consumer confused or is the average consumer not confused? Rather, it requires an assessment of whether it is likely that there is, or will be, confusion, applying the standard of perspicacity of the average consumer.

  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 May 1988

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Marks and Spencer Plc v Interflora Inc. (A Company Incorporated Under the laws of the State of Michigan, USA) and Another
    • Court of Appeal (Civil Division)
    • 20 Nov 2012

    In deciding whether to give permission, the court must evaluate the results of whatever material is placed before it. Only if the court is satisfied that the evidence is likely to be of real value should permission be given. The reliability of the survey is likely to play an important part in that evaluation. As Mr Hobbs said, this requires the court to conduct a cost/benefit analysis.

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  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... . (1) This section applies where a controller is a credit reference agency (within the meaning of section 145(8) of the Consumer Credit Act 1974). . (2) The controller’s obligations under Article 15(1) to (3) of the GDPR (confirmation of processing, access to data and ......
  • The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ....... (7) In this Order— . “the Act” means the Financial Services and Markets Act 2000; . “the 1974 Act” means the Consumer Credit Act 1974 5 ; . “the OFT” means the Office of Fair Trading; . “the Regulated Activities Order” means the Financial Services and ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......3 Liability arising in contract. . (1) This section applies as between contracting parties. where one of them deals as consumer or on the other's written. standard terms of business. . (2) As against that party, the other cannot by reference to any. contract term— .   . ......
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Law Firm Commentaries
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