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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) regulate (save as to a limited number of exceptions) contracts between a consumer and a trader, and set out, inter alia: • the information which a trader must give to a consumer before and after making a sale • how that information should be given • the right for consumers to change their minds when buying at a distance or off premises • delivery times and
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In relation to charity lottery tickets, the relevant section of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is s 6: • 6. (1) These Regulations do not apply to a contract, to the extent that it is— ◦ for— ‣ gambling within the meaning of the Gambling Act 2005 (which includes gaming, betting and participating in a lottery); or ‣ in relation to Northern Ireland, for betting, gaming or participating
Q&As
This Q&A covers cancellation rights under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 and not under the Consumer Rights Act 2015 and we assume you are referring to a business to consumer contract. The CCR 2013, which came into force on 13 June 2014, regulate most
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Does a consumer have a cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for second hand goods? The definition of ‘goods’ under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations SI 2013/3134 (the Regulations) is as follows (see SI 2013/3134, s 5): “goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or a set quantity; The definition does not distinguish between ‘new’ or ‘second hand’ goods or otherwise and there is nothing providing that new or second hand goods are not exempt in any of the exclusions in SI 2013/3134, Part 3. That said, exclusions which may be of particular relevance for second hand goods would be: • off-premises contracts under which the payment to be made by the consumer is not more than £42, SI 2013/3134,
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Prize promotions or competitions that involve the payment of a monthly subscription may be at risk of constituting a distance contract (particularly where they are an ‘organised distance sales or service-provision scheme’) under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, such that cancellation rights (and other rights) under the CCR 2013, SI 2013/3134, apply. Conversely, competitions that are not offered for entry in exchange for the payment of a price or, potentially, where they are ‘one off’ are less likely to be caught. We have not, however, been able to identify any authority (including regulatory guidance) that has considered the applicability of the CCR 2013, SI 2013/3134, to prize promotions and so there is a significant amount of uncertainty as to how courts or regulators
Q&As
The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007 (CCR 2007), SI 2007/1167 do not require information to be in any particular order or to not be interspersed with other information or wording. They are concerned primarily with substance, legibility and prominence. Irrespective of the black-letter requirements of CCR 2007, SI 2007/1167, the potential impact of the unfair relationship provisions of the Consumer Credit Act 1974 (CCA 1974) must be borne in mind. If a statement is so heavily interspersed and out of order that a debtor cannot reasonably understand it, that may cause (or contribute to) an unfair relationship. CCR 2007, SI 2007/1167 specify the ‘form
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What are the Consumer Protection from Unfair Trading Regulations 2008? The Consumer Protection from Unfair Trading Regulations 2008 come into force on 26th May 2008, and implemented the Unfair Commercial Practices Directive into UK law. The Regulations prohibit unfair commercial practices, and in so doing, they are concerned with the effect on consumers of the effect of commercial practice. Do the Regulations apply to a private landlord and tenant? The Regulations apply to commercial
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Consumer Rights Act 2015 Under section 6 of the Consumer Rights Act 2015 (CRA 2015), a contract for the hire of goods includes: • a contract under which the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract, but • is not a hire-purchase agreement as defined in CRA 2015, s 7. CRA 2015, s 7 does not apply to the facts of the question as it must be in return for 'periodical payment' For more information on the regulation of consumer credit and hire-purchase agreements, see Practice Notes: • Credit hire—an introduction • Entering into a consumer hire agreement as owner • What is credit and when is a credit agreement regulated? • Regulated activities relating to consumer credit The CRA 2015 does
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It is assumed that: • there is an element of residential occupation to the agricultural tenancy, for example a farmhouse or a farm cottage • the tenancy is a ‘specified tenancy’ which meets the criteria of the Private Rented Sector (England) Regulations 2020 (Electrical Safety Regulations), SI 2020/312, reg 2 • the tenancy is not an ‘Excluded Tenancy’ outlined in the Electrical Safety Regulations, SI 2020/312, Sch 1 Electrical Safety Regulations apply to ‘specified tenancies’, which meet the following criteria in the Electrical Safety Regulations, SI 2020/312, reg 2 of: • it is a tenancy of residential premises in England
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As in the domestic context, the English courts tend strongly towards enforcing arbitration agreements. They are willing, if necessary and where they otherwise have the jurisdiction to do so, to make anti-suit injunctions
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When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning ‘ownerless property’) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary
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The Etridge principles need to be considered by a lender whenever a lender is taking a guarantee or third party security from an individual. Undue influence is improper pressure imposed on the guarantor/third party security provider by somebody else (usually, the principal debtor). It means that the guarantor/third party security provider did not provide the guarantee/third party security on the basis of a free and informed decision. The leading case on undue influence in finance transactions is Royal Bank of Scotland v Etridge (No 2). The case concerned a husband and wife where the wife charged her interest in the family home to