Archive for the 'unfair contract terms' Category

Rollover contracts with leaving penalties to be banned, says Ofcom – OUT-Law.com

“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

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

Software company’s liability clause was not ‘reasonable’, says High Court – OUT-LAW.com

“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

OUT-LAW.com, 11th May 2010

Source: www.out-law.com

Three year consumer lock-in is illegal, says OFT – OUT-LAW.com

“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

OUT-LAW.com, 15th March 2010

Source: www.out-law.com

Apple will rewrite T&Cs after OFT objections – OUT-LAW.com

“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

OUT-LAW.com, 30th November 2009

Soruce: www.out-law.com

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

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.

 

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

Source: www.timesonline.co.uk

Foxtons’ contracts were unfair because key terms were hidden, rules High Court – OUT-LAW.com

“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

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

Courts must assess unfair terms in consumer contracts, says ECJ – OUT-LAW.com

“Courts in the EU must examine and rule on terms in consumer contracts that may be unfair even if no consumer has complained about them, the European Court of Justice (ECJ) has said. The duty will exist when a company seeks to enforce a consumer contract.”

Full story

OUT-LAW.com, 4th June 2009

Source: www.out-law.com

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd – Times Law Reports

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

Court of Appeal

“International supply contracts which excluded liability for misrepresentation and the right to rescind were not subject to the requirement of reasonableness.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – Times Law Reports

Office of Fair Trading v Foxtons Ltd

Court of Appeal

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – WLR Daily

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

WLR Daily, 6th April 2009

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.

Unfair terms law can protect consumers for existing and future contracts, says Court of Appeal – OUT-LAW.com

“Consumer protection body the Office of Fair Trading (OFT) is allowed to use laws on unfair contracts to take action on existing as well as future contracts, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 6th April 2009

Source: www.out-law.com

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Office of Fair Trading v Abbey National plc and Others

Court of Appeal

“The Office of Fair Trading was entitled to assess the fairness of charges levied on customers by banks because the terms in standard form contracts between banks and their customers concerning specific charges when customers were overdrawn were not part of the core bargain between the customer and the bank.”

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

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

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 2009

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.

 

OFT publishes new guidance on fairness in consumer contracts – OUT-LAW.com

“The Office of Fair Trading (OFT) has published updated guidelines on what is and what is not acceptable in contracts for consumers. The new guidance replaces that which was published in 2001.”

Full story

OUT-LAW.com, 17th September 2008

Source: www.out-law.com

Governors of the Peabody Trust v Reeve – Times Law Reports

Governors of the Peabody Trust v Reeve

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Governors of the Peabody Trust v Reeve – WLR Daily

The Governors of the Peabody Trust v Reeve; [2008] WLR (D) 181

The procedure in s 103 of the Housing Act 1985 could not be used by a registered social landlord to vary the terms of a tenancy agreement unilaterally. Excluding changes in rent, any variation would need the agreement in writing of both parties.”

WLR Daily, 5th June 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.


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