Director General of Fair Trading v First National Bank Plc
| Jurisdiction | England & Wales |
| Judgment Date | 30 July 1999 |
| Date | 30 July 1999 |
| Court | Chancery Division |
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7 cases
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Office of Fair Trading v Abbey National Plc and Others (No 2)
...requires "adequacy" to be read in the sense of "appropriateness," as Lord Rodger of Earlsferry pointed out in Director General of Fair Trading v First National Bank plc [2001] UKHL 52, [2002] 1 AC 481, para 64. The Directive and the Regulations 5 The 1999 Regulations were made under secti......
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The Office of Fair Trading v Abbey National Plc and 7 Others
...a term (although I observe in passing that it reflects the approach of Evans-Lombe J at first instance in the First National Bank case, [2000] 1 WLR 98 at p.103C-E), and it would be a narrowing of the test if the position of the typical consumer were considered to the exclusion of that of ......
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Director General of Fair Trading v First National Bank Plc
...it was unfair. The bank resisted the Director's application on two grounds. The first, rejected by Evans-Lombe J at first instance ( [2000] 1 WLR 98) and the Court of Appeal (Peter Gibson, Waller and Buxton L JJ) ( [2000] QB 672), was that the fairness provisions of the regulations did no......
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Office of Fair Trading v Foxtons Ltd
...Director's claim was for an injunction and there was no supporting or additional claim to declaratory relief. 12322. At first instance ( [2000] 1 WLR 98) the claim failed and no injunction was granted. In the Court of Appeal ( [2000] QB 672) the claim succeeded in part. The Court of Appea......
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2 books & journal articles
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Scope and Fairness of the Unfair Terms in Consumer Contracts Regulations: Director General of Fair Trading v First National Bank
...[2002] 1 All ER 97; [2001] 2 All ER (Comm) 1000 HL. [2000] QB 672; [2000]2 WLR 1353; [2000] 2 All ER 759; [2000] 2 All ER (Comm) 371 CA. [2000] 1 WLR 98; [2000] 1 AllER 240 Evans-Lombe J.9 ‘The term’ was set out in the contract as part of ‘Condition 8’, but it was treated by the court as a ......
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Defining Unfair Terms in Consumer Contracts – Crystal Ball Gazing? Director General of Fair Trading v First National Bank plc
...courts to interpret national law in the light ofCommunity law and the duty to make a reference under Art 234(3), see n 14 above.33 [2000] 1 All ER 240, 250.34 ibid 251.35 On the practice of English courts in making preliminary references see C. Barnard and E. Sharpston‘The Changing Face of ......