Distance Selling in UK Law
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R (Khatun and Others) v Newham London Borough Council
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In my judgment CREEDNZ (via the decision in Findlay) does not only support the proposition that where a statute conferring discretionary power provides no lexicon of the matters to be treated as relevant by the decision-maker, then it is for the decision-maker and not the court to conclude what is relevant subject only to Wednesbury review.
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Commissioners of Customs and Excise v Newbury
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However, it was part of the Court's reasoning, at para 37, that article 8 is not applicable where the purchase and/or transportation of goods subject to duty is effected through an agent. The Advocate General had answered the first question in the negative and then answered the second a fortiori from the first. The object of the rules is to determine whether duty is payable in the country of origin or the country of destination.
The involvement of people other than the purchaser in the intra-Community movement of goods is carefully regulated by other provisions in the Directive, including the provision for distance selling in article 10. If it had been intended that the purchaser could have been reflected by any natural or legal person to whom he had given a power of attorney in order to benefit from article 8 of the Directive, it would have said so.
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Jersey Choice Ltd v HM Treasury
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It seems to me that the central question as to whether s.199(3) of the 2012 Act brought articles 28, 30 or 34 of TFEU or principles of fiscal neutrality, equal treatment and proportionality into play at all is a nettle to be grasped at this strike out or summary judgment stage. If JCL is wrong on this central question, it will in truth have no real prospect overall of succeeding on its claim.
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Coudrat v HM Revenue and Customs
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Although anything plainly inadmissible should be left out of account, we do not think that, at the stage of charging, it is necessary or appropriate to consider the possibility that evidence might be excluded at the trial after full legal argument or in the exercise of the judge's discretion. An officer cannot be expected to investigate the truth of every assertion made by the suspect in interview.
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Ultraframe (UK) Ltd v Fielding
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- Consumer Protection (Distance Selling) Regulations 2000
- The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021
- The Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021
- The Value Added Tax (Enforcement Related to Distance Selling and Miscellaneous Amendments) Regulations 2022
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Proposed EC Directive on the distance selling of financial services
The European Commission has published a revised proposal for a European Parliament and Council directive to harmonise member states' rules on consumer protection in relation to the distance marketi...
- Book Review: EDirectives: Guide to European Union Law on E-Commerce — Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce, Copyright and the Information Society and Data Protection
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Future legislation affecting financial services
The financial services industries is facing a number of important legal developments. The most publicised of these is the coming into force on 1st March, 2000 of the new Data Protection Act 1998. T...... ... include the pro-posed European Union Directive on the dis-tance selling of financial services to consumers and the various legislative provisions ... DISTANCE SELLING The rest of this paper considers another legislative change which ... ...
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Robust estimation of distance effects and sub‐optimality in mixed use buildings
Purpose: The aim of this paper is to investigate whether buyers and sellers appears to take distance to the capital business district (CBD) into account in their valuation for acquisition or dispos...... ... Theeffect of several distance measures on selling price is investigated for income properties with mixedresidential and commercial components – geometric distances, driving distance and time, and ... ...
- A Review Of The Distance Selling Regulation 2000
- Suppliers Can't Charge Consumers For Use Made Of Goods That Are Returned Under Distance Selling Regulations - Pia Messner v Firma Stefan Krueger, European Court Of Justice...
- Retailers can't Charge Customers Delivery Charges if they Cancel Contract Under Distance Selling Directive - Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale Nordrhein-Westfalen eV, Court of Justice of the European Union
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Are your online terms and conditions compliant with UK requirements?
In April 2014 we reported on the then incoming regulations governing the sales of goods and services to consumers in the UK. Those regulations came into force on 13 June 2014 implementing the EU Co...... ... EU Consumer Rights Directive which was intended to harmonize “distance selling” (online sales) across the EU ... The new regulations ... ...