Archive for the 'unfair contract terms' Category

Rollover contracts with leaving penalties to be banned, says Ofcom –

“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.”

Full story, 10th March 2011


Software company’s liability clause was not ‘reasonable’, says High Court –

“A software company’s stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.”

Full story, 11th May 2010


Three year consumer lock-in is illegal, says OFT –

“Gym membership contracts that lasted for three years and could not be cancelled breached consumer protection laws, according to consumer protection regulator the Office of Fair Trading (OFT).”

Full story, 15th March 2010


Apple will rewrite T&Cs after OFT objections –

“Apple will have to rewrite its terms and conditions for the UK after action by consumer protection regulator the Office of Fair Trading (OFT), the Office has said. As well as specific changes it will have to redraft the terms in plain English, the OFT said.”

Full story, 30th November 2009


Office of Fair Trading v Abbey National plc and others – WLR Daily

Office of Fair Trading v Abbey National plc and others [2009] UKSC 6; [2009] WLR (D) 341

“Charges levied by banks in respect of unauthorised overdrafts were part of a ‘package’ of services and consideration and their fairness was exempt from review under reg 6(2)(b) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th November 2009


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Office of Fair Trading vs Foxtons Ltd – Times Law Reports

Office of Fair Trading vs Foxtons Ltd

Chancery Division

“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”

The Times, 29th July 2009


Foxtons’ contracts were unfair because key terms were hidden, rules High Court –

“The terms and conditions in a letting agency’s contracts with landlords were unfair, the High Court has said. The agency, Foxtons, must now change the way it contracts with landlords.”

Full story, 13th July 2009


April 2020