Consumer Law in UK Law

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

  • Dimond v Lovell
    • House of Lords
    • 11 Mayo 2000

    Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay. This meant that Parliament contemplated that he might be enriched and I do not see how it is open to the court to say that this consequence is unjust and should be reversed by a remedy at common law: compare Orakpo v. Manson Investments Ltd. [1978] A.C. 95.

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

  • The London Taxi Corporation Ltd trading as The London Taxi Company v Frazer-Nash Research Ltd and Another
    • Court of Appeal (Civil Division)
    • 01 Noviembre 2017

    As with all issues in trade mark law, the answer to disputed questions is normally provided by considering the purpose of a trade mark which, broadly speaking, is to operate as a guarantee of origin to those who purchase or use the product.

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

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  • 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 ......
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ......5 Article 5 . Certain consumer contracts . SCH-1.1 .   . 1. This Article applies to a contract the object of which is the supply of goods or services to a person (‘the ......
  • 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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Books & Journal Articles
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Law Firm Commentaries
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