“A woman whose ‘ugly’ vase sold at auction for an unexpected £228,000 has been ordered to pay the windfall to her ex boyfriend’s mother after a court ruled that it was not hers to sell.”
Daily Telegraph, 17th November 2011
Source: www.telegraph.co.uk
“An optional system of European contract law advice to the UK Government published.”
Law Commission, 10th November 2011
Source: www.justice.gov.uk/lawcommission
“Small businesses welcome the proposed legislation but the UK legal profession views it as a threat to its dominance.”
The Guardian, 28th October 2011
Source: www.guardian.co.uk
“The Bar Council, which represents barristers in England and Wales, has warned of the dangers of adopting a European Sales Law, the latest legislative proposal by the European Commission which would introduce a second contract law into the laws of all Member States.”
The Bar Council, 11th October 2011
Source: www.barcouncil.org.uk
“The prohibition on the sale of tobacco from automatic vending machines was justified on the ground of the protection of public health, was proportionate and therefore did not violate EU law by its adverse effect on the business of the operators of vending machines and suppliers in other EU states.”
WLR Daily, 17th June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“People who sell tickets for profit on websites such as Viagogo and Seatwave could risk being ‘named and shamed’ and even face possible legal action if UK sports bodies and event promoters decide to take advantage of a landmark court ruling.”
The Guardian, 7th May 2011
Source: www.guardian.co.uk
“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”
WLR Daily, 29th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”
WLR Daily, 10th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Government plans to ban cigarette vending machines to help prevent under-age smoking were upheld as lawful by the High Court today.”
The Independent, 1st December 2010
Source: www.independent.co.uk
“Discount retailer Poundworld has been fined £5,000 for selling dangerously faulty digital thermometers and other medical items, it was announced today.”
The Independent, 18th November 2010
Source: www.independent.co.uk
Merton London Borough Council v Sinclair Collis Ltd [2010] WLR (D) 286
“Notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended), a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.”
WLR Daily, 10th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”
Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35
“The Bills of Sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under the Acts if the relevant contracting party was a company.”
WLR Daily, 11th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“On 4 November 2009, the Law Commission and the Scottish Law Commission published a final report with recommendations on simplifying the law on consumer remedies for faulty goods.”
Law Commission , 4th November 2009
Source: www.lawcom.gov.uk
“A proposal that will force online retailers to take extra steps to ensure that young people cannot buy or access inappropriate goods or material will move one step closer to becoming law on Monday.”
OUT-LAW.com, 14th October 2009
Source: www.out-law.com
“Businesses as well as consumers have backed the UK Government’s attempts to retain shoppers’ right to return faulty goods for an immediate refund. A consultation has found that retailers as well as shoppers back the stance.”
OUT-LAW.com, 15th May 2009
Source: www.out-law.com
“In November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods. Appendix C (the European Consumer Centre Questionnaire) and Appendix D (the Comparative Section) to the consultation paper are also available. We published an executive summary and a press release. On 13 May 2009, we published a summaryof the 53 responses we received to the consultation. An overview and press release are also available.”
Law Commission, 14th May 2009
Source: www.lawcom.gov.uk
“On 10 November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods.”
Law Commission, 10th November 2008
Source: www.lawcom.gov.uk
“UK consumers should be able to demand refunds for faulty goods despite attempts by the European Commission to undermine that right, the Law Commission and the Scottish Law Commission have said.”
OUT-LAW.com, 10th November 2008
Source: www.out-law.com
Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343
“The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter.”
WLR Daily, 6th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
© Inner Temple Library 2024