unfair contract terms – Current Awareness

All or Nothing – Cambridge Law Journal

Posted May 2nd, 2024 in barristers, consumer protection, fees, news, unfair contract terms by sally

‘Glaser v Atay [2023] EWHC 2539 (KB) is a significant decision in two respects. First, it is a vanishingly rare example of a superior court striking down a contractual term as unfair under Part 2 of the Consumer Rights Act 2015 (CRA). Second, the case contains interesting – and ultimately problematic – discussion of the effect of a term being unfair, an issue seldom explored in previous cases.’

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Cambridge Law Journal, 3rd April 2024

Source: www.cambridge.org

TonyBet fined £442,750 and warned on failure to have fair and transparent terms – The Independent

Posted January 18th, 2023 in consumer protection, fines, gambling, money laundering, news, unfair contract terms by tracey

‘TonyBet has been fined 442,750 and warned about its failure to have fair and transparent terms, and for failing to follow social responsibility and anti-money laundering rules, the Gambling Commission said.’

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The Independent, 18th January 2023

Source: www.independent.co.uk

North Midland Building v Cyden: apportioning risk for concurrent delay in the UAE – Practical Law: Construction Blog

Posted November 8th, 2018 in appeals, conflict of laws, construction industry, contracts, delay, news, unfair contract terms by tracey

‘In North Midland Building Ltd v Cyden Homes, the Court of Appeal held that parties to a construction contract are free to apportion risk in the event of concurrent delay.’

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Practical Law: Construction Blog, 7th November 2018

Source: constructionblog.practicallaw.com

Court of Appeal upholds ‘reasonable’ widely-drafted exclusion clause – OUT-LAW.com

Posted June 20th, 2018 in contracts, exclusion clauses, fire, news, unfair contract terms by sally

‘A widely-drafted exclusion clause in the standard terms of a fire protection system provider was not unreasonable, and therefore should be upheld, the Court of Appeal has confirmed.’

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OUT-LAW.com, 19th June 2018

Source: www.out-law.com

The Consumer Rights Act 2015: Unfair Terms – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, news, unfair contract terms by sally

‘Consumers are ‘asked’ to agree to a deluge of contractual terms on an ever more frequent basis. If they do not agree, they are often told to lump it or leave it. However, consumers have, for some time, been protected against being bound by ‘unfair terms’ by virtue of the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). From 1 October 2015 that statutory protection will change; Part 2 of the Consumer Rights Act (the Act) will replace UCTA (to the extent that it relates to business to consumer contracts) and the UTCCRs (in their entirety) respectively.’

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Henderson Chambers, 16th September 2015

Source: www.hendersonchambers.co.uk

The Consumer Rights Act 2015: an overview – Henderson Chambers

Posted September 7th, 2015 in consumer protection, EC law, news, unfair contract terms by sally

‘The Consumer Rights Act 2015 is a landmark in the field of consumer law. In anticipation of the coming into force on 1 October 2015 of many of the provisions within the Consumer Rights Act 2015, Henderson Chambers will be publishing a series of alerters highlighting different aspects of the new statutory regime, particularly insofar as it governs the content of consumer contractual relationships and how products should be offered to consumers.’

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Henderson Chambers, 3rd September 2015

Source: www.hendersonchambers.co.uk

Unfair (banking/credit) Relationships – Relief under Sections 140A–140D of the Consumer Credit Act 1974 – No. 5 Chambers

Posted September 7th, 2015 in banking, consumer credit, judiciary, loans, news, unfair contract terms by sally

‘Under sections 140A-140D of the Consumer Credit Act 1974 credit transactions may be re-opened as a matter of judicial discretion. These wide judicial powers were added to the Act in 2006 (and came into force on 6 April 2007) in substitution of the previous, more limited, “extortionate credit bargains” regime which had routinely failed to provide an effective remedy to borrowers and guarantors seeking to challenge the terms of their agreement with the lender.’

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No. 5 Chambers, 3rd September 2015

Source: www.no5.com

ParkingEye Ltd v Beavis (The Consumers’ Association intervening) – WLR Daily

Posted May 1st, 2015 in law reports, news, parking, penalties, unfair contract terms by tracey

ParkingEye Ltd v Beavis (The Consumers’ Association intervening: [2015] EWCA Civ 402; [2015] WLR (D) 190

‘A parking charge of £85 imposed once a motorist overstayed a permitted two-hour period of free parking was not extravagant or unconscionable in the circumstances and was enforceable at law.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Barry Beavis parking charges challenge dismissed – BBC News

Posted April 24th, 2015 in appeals, fines, news, parking, unfair contract terms by sally

‘A chip shop owner has lost his Court of Appeal challenge over what he claimed were “unfair, unlawful and disproportionate” parking charges.’

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BBC News, 23rd April 2015

Source: www.bbc.co.uk

On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

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NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Posted May 1st, 2014 in consumer credit, contracts, EC law, law reports, unfair contract terms by sally

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

Law Commission welcomes Draft Consumer Rights Bill – Law Commission

Posted June 13th, 2013 in bills, consumer protection, Law Commission, news, unfair contract terms by sally

“The Law Commission welcomes the new Consumer Rights Bill published today, which incorporates many of our recommendations.”

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Law Commission, 12th June 2013

Source: www.lawcommission.justice.gov.uk

Is small print in online contracts enforceable? – BBC News

Posted June 6th, 2013 in consumer protection, contracts, enforcement, internet, news, unfair contract terms by sally

“With some internet companies’ terms and conditions being longer than Shakespeare’s Hamlet, could it be that ‘unfair’ clauses in agreements are not even worth the paper they are printed on?”

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BBC News, 6th June 2013

Source: www.bbc.co.uk

Law Commissions call for consumer protections to be extended to end user licence agreements – OUT-LAW.com

Posted March 26th, 2013 in consumer protection, Law Commission, news, unfair contract terms by sally

“Legal protections preventing the inclusion of unfair contract terms in consumer contracts should be extended to apply to less formal notices, such as those included as part of software end user licence agreements (EULA), law reform bodies have said.”

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OUT-LAW.com, 25th March 2013

Source: www.out-law.com

Unfair terms in consumer contracts – Law Commission

Posted March 19th, 2013 in consumer protection, contracts, Law Commission, reports, unfair contract terms by tracey

“The Law Commission and the Scottish Law Commission have today recommended reforms to provide better protection for consumers from unfair charges in small print.”

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Law Commission, 19th March 2013

Source: www.justice.gov.uk/lawcommission

Law commissions urge tougher action on hidden charges – BBC News

Posted March 19th, 2013 in consumer protection, contracts, fees, Law Commission, news, reports, unfair contract terms by tracey

“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”

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BBC News, 19th March 2013

Source: www.bbc.co.uk

Gym chains forced to relax contract terms – The Guardian

Posted March 8th, 2013 in consumer protection, contracts, news, unfair contract terms by tracey

“Three of Britain’s biggest gym chains have had to change their contracts to make it easier for people to cancel, after the Office of Fair Trading ruled their terms and practices were unfair.”

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The Guardian, 8th March 2013

Source: www.guardian.co.uk

Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76

“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Un-savvy leaseholders are paying the cost for hidden or unexplained terms – The Guardian

Posted February 13th, 2013 in housing, landlord & tenant, leases, news, unfair contract terms by sally

“Hidden clauses in leasehold agreements cost unlucky leaseholders thousands, warns property lawyer Stephen Hill.”

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The Guardian, 12th February 2013

Source: www.guardian.co.uk