Amended Consumer ADR Regs – 4 key things you need to know

Amended Consumer ADR Regs – 4 key things you need to know

eumapOn 18 June the Amended ADR Consumer Regulations were issued. They amend SI 2015/542 (the Consumer ADR Regs) and together these statutory instruments implement EU ADR Directive 2013/11/EU, which aims to promote the use of ADR in consumer disputes by encouraging the use of approved ADR entities that ensure minimum quality standards, into the UK. The EU ADR Directive is the European Parliament’s response to recognition both that ADR is an effective, low-cost and speedy means of resolving consumer disputes (thus promoting trade) and yet that the provision of ADR services throughout the Union is currently fragmented and inconsistent.

Practitioners may also wish to refer to our earlier blogs on the ADR Consumer Regulations where we considered the impact of the Regulations on those advising traders and those advising ADR service providers.

Practitioners should note the following further to the issuing of the Amended Regulations:

  1. The deadline for compliance with the obligations on traders to make available information as regards accessing ADR has been pushed back from 9 July 2015 to 1 October 2015
  2. As from 9 July 2015 amendment to limitation and prescription legislation is enacted to give breathing space to those engaged in an ADR procedure near the expiry of a relevant limitation period. Limitation Act 1980 will be amended to include s 33B which, essentially, extends the limitation period by eight weeks where an ADR procedure starts before expiry of the limitation period and, if not for s 33B, that limitation period would expire before the ADR procedure ends or less than eight weeks after it ends (corresponding amendments are made to the Foreign Limitation Periods Act 1984 and Scottosh and Northern Ireland legislation). These extensions will apply only to contract entered into on or after 9 July 2015
  3. Obligations on online traders and online marketplaces as regards providing information and access to the ODR platform come into force on 9 January 2016
  4. Obligations on ADR service providers regarding compliance with the EU ODR Regulation also come into force on 9 January 2016.

LexisPSL Dispute Resolution subscribers can find further information in our practice note: ADR for Consumer Disputes (Competent Authorities) Regulations 2015.  Click here for a free trial.

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About the author:
Ruth specialises in general corporate and commercial dispute resolution with particular experience in shareholder disputes, fraud and warranty claims. Ruth trained and qualified at Berwin Leighton Paisner LLP (now Bryan Cave Leighton Paisner LLP) where she remained in practice for ten years. Her work has involved project managing large-scale cases to trial in the chancery and commercial courts. Ruth was actively involved in in-house training with a particular focus on all aspects of evidence gathering and production, including authoring a user-manual on E-disclosure. She is also a contributor to the New Law Journal.