Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
What does the decision in Allpropertyclaims v Tang (29 June 2015, unreported) mean for the enforceability of consumer contracts?
Below are extracts of our recent interview with Russell Kelsall, partner in the litigation and financial services practice group at Squire Patton Boggs (UK) LLP, who comments on the judgment and the issue of cancellation rights in consumer contracts, particularly under the Cancellation of Contracts made in a Consumer’s Home or Place of Work, etc Regulations 2008 (CCCH Regulations)*.
The case shows how vital it is to get the technical side of things right when contracting with consumers.
Allpropertyclaims Limited (APC) is an insurance claims management business. Mr Tang suffered water damage at his home and wanted to make an insurance claim. APC visited Mr Tang at his home. APC contracted with Mr Tang to deal with his insurance claim for him. Mr Tang’s insurers dragged their heels and were not co-operative with APC. In the end, Mr Tang got frustrated with APC and dealt with the resolution of his insurance claim on his own without any further involvement from APC.
The terms of the contract between APC and Mr Tang were that he agreed to pay APC £140 per hour for their services if he ended the contract. After Mr Tang terminated the contract, APC sued Mr Tang for what it claimed was due under the contract. APC calculated that this sum was £5,000. Mr Tang refused to pay APC anything. Mr Tang said APC had not complied in full with all the technical requirements of the CCCH Regulations and, correspondingly, that he had a complete defence to APC’s claim.
The CCCH Regulations implemented the Doorstep Selling Directive 85/577/EEC which is designed to protect consumers in respect of contracts negotiated away from business premises. The Doorstep Selling Directive provides cancellation rights for contracts made in similar circumstances during an unsolicited visit by a trader.
In particular, the CCCH Regulations, reg 7(2) deals with a consumer’s right to cancel. It provides that a trader must ‘give’ the consumer a written notice of his right to cancel the contract and such notice must be ‘given’ at the time the contract is made.
There are two key issues in this case:
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234