- Court of Appeal considers definition of consumer (Ashfaq v International Insurance Company of Hannover plc)
- Original news
- The decision
- Implications for consumer protection lawyers
Commercial analysis: the Court of Appeal has unanimously dismissed an appeal where the first instance judge entered summary judgment for an insurer, dismissing the insured’s claim for an indemnity under an insurance policy, following a fire at a property owned by the insured which he let to students. The case is of interest for its discussion of the definition of a consumer under the Unfair Terms in Consumer Contracts Regulations 1999 SI 1999/2083 (UTCCR). Although the UTCCR have now been replaced by the unfair terms provisions of the Consumer Rights Act 2015 (CRA 2015), the provisions are largely the same as they implement the Unfair Terms Directive 93/13/EEC.
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