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UK consumers to retain high level of protection after EU’s plans for fully harmonised consumer laws are dead in the water

25 March 2010 | Paul Gershlick

For the last couple of years, the European Commission has been seeking to create a totally unified set of consumer laws across the European Union. The aim was to guarantee consumers wherever they were...

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‘Perpetual’ can have different meanings but depending on the context perpetual agreements may be terminated – BMS Computer Solutions v AB Agri, High Court

24 March 2010 | Paul Gershlick

BMS had entered into two agreements with a licensee of its software – one for the licence and the other was a support and maintenance agreement. The licence agreement was for 10 years but subject to...

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Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

18 March 2010 | Paul Gershlick

S and D entered into an agreement. Clause 3.1.8 said that if the closing date had not occurred within nine months, then S could terminate the contract by 30 days’ notice, but S would not get back its...

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Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

18 March 2010 | Mark Weston

HB commissioned a third party to provide a report on likely traffic and footfall at a new motorway service station. HB used that report to provide a brochure to attract tenants. The numbers turned out...

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Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court

17 March 2010 | Paul Gershlick

The Supreme Court has ruled that a contract was in force, despite the parties having not signed the relevant document and a clause within the document stating that it only came into force when the parties...

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OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable

16 March 2010 | Paul Gershlick | 1 comment

The Office of Fair Trading is taking legal action against Ashbourne Management Services for AMS’s gym membership contracts that provided no opportunity for members to terminate before a minimum three...

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Confirmation that change in economic circumstances does not entitle party to treat contract as ‘frustrated’ – Gold v BDW Trading, High Court

12 March 2010 | Paul Gershlick

The parties entered into a contract for BDW to build a new property development on Gold’s land. Following the contract, the projected selling prices fell sharply because of the crash in property prices....

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Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

5 March 2010 | Mark Weston

Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...

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European Commission proposes the 28th regime as alternative to national laws

4 March 2010 | Paul Gershlick

The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...

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European Commission wants to push ahead with Consumer Rights Directive

4 March 2010 | Paul Gershlick

The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...

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