Sale and supply of goods and services

Members of chambers advise on and act in disputes as to the provision of services, as well as supply chain disputes arising out of regulatory issues. We are experienced in the contractual and regulatory problems which these cases present. Members of chambers regularly act in cases concerning defective goods, involving implied terms as to satisfactory quality and fitness for purpose, the right to reject, consumer remedies and the measure of damages.

Members of chambers advise on the application of, inter alia:

  • Consumer Rights Act 2015
  • Sale of Goods Act 1979
  • Sale and Supply of Services Act 1982
  • Supply of Goods (Implied Terms) Act 1973
  • Supply of Goods (Exclusion of Implied Terms) Orders 1982, 1983, 1985
  • Sale and Supply of Goods to Consumers Regulations 2002
  • Hire-Purchase Act 1964

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;
  • R v Scottish and Southern Energy plc (CA) (2012) 176 J.P. 241; [2012] C.T.L.C. 1: doorstep sales; electricity supply industry;
  • Wm Morrisons Supermarkets plc v Reading BC [2012] EWHC 1358 (Admin); [2012] C.T.L.C. 33: tobacco offences; under age test purchaser; sale of goods;
  • R (LOCOG) v Sportsworld Ltd, Events International Ltd [2012]: defence of national ticket sales company prosecuted under Olympic Act 2006;
  • 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;
  • Merton LBC v Sinclair Collins [2010] WLR (D) 286: Administrative Court appeal; supply of cigarettes by a vending machine to an underage purchaser; whether a ‘sale’;
  • Kulkarni v Manor Credit [2010] EWCA Civ 69: passing of title relating to motor vehicles; claims by innocent purchasers;
  • Garside v Black Horse Ltd [2010] EWHC 190 (QB): defective hire-purchase sports vehicle; the time to assess damages as between a motor dealer and a finance company where there has been a breach of the implied term as to satisfactory quality in the sale contract between the motor dealer and the finance company.

Works written 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 but both 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.