Consumer contracts

We regularly advise businesses on the enforceability of their standard terms, and review documents and procedures for compliance with, inter alia, the:

  • Consumer Rights Act 2015
  • Consumer Protection from Unfair Trading Regulations 2008
  • Unfair Contract Terms Act 1977
  • Consumer Protection (Distance Selling) Regulations 2000
  • Financial Services (Distance Marketing) Regulations 2004
  • Business Protection from Misleading Marketing Regulations 2008
  • Electronic Commerce (EC) Directive Regulations 2002
  • Consumer Rights (Payment Surcharges) Regulations 2012
  • Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008
  • Data Protection Act 1998

We also advise enforcement agencies on action to be taken against those in breach, including applications under the Enterprise Act 2002.

 

Notable cases in which members of chambers have been involved include:

  • Beavis v ParkingEye Ltd [2015] UKSC 67: landmark Supreme Court case on whether an £85 parking charge constituted a penalty at common law and/or was an unfair contract term;
  • Secretary of State for Business Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76: ‘material information’ for purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008;
  • R v X Ltd [2013] EWCA Crim 818: Consumer Protection from Unfair Trading Regulations 2008; sale in homes of security systems; ‘commercial practice’ can derive from single incident; meaning of ‘transactional decision’;
  • Dorset CC v Alpine Elements Ltd [2013]: Unfair Commercial Practices Directive inapplicable to package travel case;
  • The Secretary of State for Business Innovation and Skills v PLT Anti-Marketing Limited [2013] EWHC 3626 (Ch): application in a winding up petition; scope of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 (‘misleading omissions’); permission to appeal to the Court of Appeal granted;
  • Watersheds Capital Partners Ltd v Dudley [2013]: High Court litigation on definition of “consumer”; individual selling business to fund retirement; unfair terms;
  • R .v. Scottish and Southern Energy PLC (CA) (2012) 176 J.P. 241; [2012] C.T.L.C. 1: doorstep sales; electricity supply industry;
  • R v Christopher Steele [2012] C.T.L.C. 109: building works; one-off acts not amounting to ‘commercial practice’;
  • R v UK Parking Control Ltd [2012] EWCA Crim 1560; [2012] C.T.L.C. 48: company providing parking management facilities; misleading commercial practice;
  • Kaye v Nu Skin UK Ltd [2012] EWHC 958 (QB); [2012] C.T.L.C. 69: trading schemes; arbitration clauses; incorporation and reasonableness;
  • Brighton and Hove CC v Towers Property Developments Ltd [2011] EWHC (Ch): first Part 8 EA 2002 and CPUT Regs enforcement against land banking company;
  • OFT v. First National Bank Plc [2002] 1 AC 481: interpretation of the fairness test in the 1999 Regulations; post-judgment interest

Works written by (or contributed to by) members of chambers include:

Our Trading Law Bulletin is a free quarterly digest of relevant cases and developments in the area of consumer and regulatory law. The TLB can be posted to you, however the current issue and all back issues are available online.

Since 2007, we have published our own set of law reports, the Consumer and Trading Law Cases (CTLCs), covering cases of particular interest for lawyers dealing with consumer and regulatory law, most of which are not reported elsewhere.