Unfair Terms in UK Law

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ... ... at a consumer level, and it also raises a separate issue under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) ("the 1999 ... ...
  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 Febrero 1980
    ... ... clauses are eliminated, or deprived of effect, regardless of their terms, was clearly not the view of Viscount Dilhorne, Lord Hodson, or of myself ... But since then Parliament has taken a hand: it has passed the Unfair Contract Terms Act 1977. This Act applies to consumer contracts and those ... ...
  • Director General of Fair Trading v First National Bank Plc
    • House of Lords
    • 25 Octubre 2001
    ... ... are made on its printed form which contains a number of standard terms. The Director General of Fair Trading ("the Director"), in exercising rs conferred on him by regulation 8 of the Unfair Terms in Consumer Contracts Regulations 1994 (SI 1994/3159) ("the ... ...
  • R (Khatun and Others) v Newham London Borough Council
    • Court of Appeal (Civil Division)
    • 24 Febrero 2004
    ... ... for the respondents as being "manifestly unreasonable, offensive, unfair and accordingly unlawful". The judge, while using somewhat different ... In summary the question was whether the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations") and Council ... ...
  • Smith v Eric S Bush
    • House of Lords
    • 20 Abril 1989
    ... ... which purports to exclude liability for negligence within the Unfair Contract Terms Act 1977 and is therefore ineffective unless it satisfies ... ...
  • Bank of Credit and Commerce International SA ((in Liquidation)) v Ali (No. 1)
    • House of Lords
    • 01 Marzo 2001
    ... ... recorded: "The Applicant [Mr Naeem] agrees to accept the terms set out in the documents attached in full and final settlement of all or ... Unfair dismissal is the most obvious example. The release specifically mentioned ... ...
  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
    • House of Lords
    • 30 Junio 1983
    ... ... (not being a consumer sale) to which the Supply of Goods (Implied Terms) Act 1973 applied. In reliance on the exemption clause the sellers sought ... the Supply of Goods (Implied Terms) Act 1973 and its successor, the Unfair Contract Terms Act 1977, had removed from judges the temptation to resort ... ...
  • Paragon Finance Plc v Nash and Another; Same v Staunton and Another
    • Court of Appeal (Civil Division)
    • 15 Octubre 2001
    ... ... 30 March 1987, Mr and Mrs Nash entered into a Loan Agreement on the terms of the Offer and the loan was secured by a Legal Charge on their property ... to vary interest rates contrary to section 3(2)(b)(i) of the Unfair Contracts Terms Act 1977? Mr and Mrs Staunton (vii) Did the credit ... ...
  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 Octubre 2010
    ... ... 15 Despite the terms of the ante-nuptial agreement the husband brought a claim for ancillary ... Yet it would clearly be unfair to render such agreements enforceable if, unlike post-nuptial agreements, ... ...
  • Raiffeisen Zentralbank Österreich AG v Royal Bank of Scotland Plc
    • Queen's Bench Division (Commercial Court)
    • 11 Junio 2010
    ... ... In terms of remuneration, because Enron derive significant value for these types of ... as stated in section 11 (1) of the Unfair Contract Terms Act 1977 ... ...
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