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Law Society - "No Deal Brexit" Consumer Law ( to be aware of )
Hopefully irrelevant but ....
https://www.lawsociety.org.uk/suppor...-consumer-law/
Regulations to be aware of :
Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018
Status: https://beta.parliament.uk/statutory-instruments/PwKLHX4J
Regulation: http://www.legislation.gov.uk/uksi/2018/1326/made
Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2018 (the “Enforcement Regulations”)
Status: https://beta.parliament.uk/statutory-instruments/PEsLCsB2
Regulation: http://www.legislation.gov.uk/ukdsi/2018/9780111176139
Points to consider under a no deal Brexit
Package Travel
The Package Travel Directive provides a range of protections to consumers who buy package holidays from traders based in the EU. Following a no deal Brexit, the rules will no longer protect UK customers who purchase package holidays from EU-based operators who are not actively targeting customers in the UK, where that provider becomes insolvent. The UK Government’s technical notice states that individual consumers are to be responsible for ensuring that they are provided with clear information, including of the applicable insolvency protection, before they take part in any transaction.
The Timeshare Directive regulates timeshare contracts, long-term holiday products, resale and exchange contracts. The main aim of the directive is to protect consumers against unwanted timeshare contracts. Under a no deal Brexit, consumers who buy a timeshare in an EU member state under a contract whose governing law is not English law will be subject to the timeshare protection available to consumers in that member state only. Furthermore, they will no longer be able to insist on an English-language version of their contract, as provided for under the Directive.
Textile and footwear labelling
Under a no deal Brexit, the UK Government, rather than the European Commission, will be responsible for approving new textile names and manufacturing tolerances for the UK market. The existing EU law on labelling textile products will be retained through the EU (Withdrawal) Act 2018 but will be amended to ensure that it can still be applied effectively to the UK-only market.
Under a no deal Brexit, the UK Government has stated that the common EU labelling system for footwear will continue unchanged. However, responsibility for ensuring the accuracy of the labelling of footwear imported from the EU will fall on UK-based businesses.
Motor Insurance
Under a no deal Brexit, the reciprocal elements of the Motor Insurance Directive will no longer have effect between the UK and the EU/EEA. The Directive includes a mechanism to compensate local victims of accidents caused by vehicles from another EU country and requires claims about accidents in an EU country other than the victim's country of residence to be settled quickly (so-called visiting victims). Under a no deal Brexit, these mechanisms will no longer apply between the UK and EU/EA states.
https://www.lawsociety.org.uk/suppor...-consumer-law/
Regulations to be aware of :
Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018
Status: https://beta.parliament.uk/statutory-instruments/PwKLHX4J
Regulation: http://www.legislation.gov.uk/uksi/2018/1326/made
Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2018 (the “Enforcement Regulations”)
Status: https://beta.parliament.uk/statutory-instruments/PEsLCsB2
Regulation: http://www.legislation.gov.uk/ukdsi/2018/9780111176139
Points to consider under a no deal Brexit
- UK-based organisations that provide for alternative dispute resolution (ADR) will no longer be required to act in cross-border disputes between the UK and EU/EEA states and the Mediation Directive rules will not apply. UK consumers may need to engage ADR entities in the country in which the retailer is based.
- The European Commission’s Online Dispute Resolution (ODR) procedure will no longer be available to UK consumers.
- The European Small Claims procedure will no longer be made available to UK consumers. Additionally, UK consumers will not be able to pursue a claim in the UK small claims court where the retailer is based in an EU/EEA state.
- The European Health Insurance Card will no longer be made available to UK residents/citizens, and the existing cards will not be valid anymore. This means that those travelling from the UK to EU/EEA states will need to purchase health insurance to cover accidents and emergencies following a no deal Brexit.
- Any judgment of a UK court made against an EU/EEA retailer will no longer be automatically enforceable against the retailer in that country. Instead, UK-based consumers may need to employ a lawyer in the country where the retailer is based to enforce their rights. They may alternatively launch proceedings directly in the country concerned.
Package Travel
The Package Travel Directive provides a range of protections to consumers who buy package holidays from traders based in the EU. Following a no deal Brexit, the rules will no longer protect UK customers who purchase package holidays from EU-based operators who are not actively targeting customers in the UK, where that provider becomes insolvent. The UK Government’s technical notice states that individual consumers are to be responsible for ensuring that they are provided with clear information, including of the applicable insolvency protection, before they take part in any transaction.
The Timeshare Directive regulates timeshare contracts, long-term holiday products, resale and exchange contracts. The main aim of the directive is to protect consumers against unwanted timeshare contracts. Under a no deal Brexit, consumers who buy a timeshare in an EU member state under a contract whose governing law is not English law will be subject to the timeshare protection available to consumers in that member state only. Furthermore, they will no longer be able to insist on an English-language version of their contract, as provided for under the Directive.
Textile and footwear labelling
Under a no deal Brexit, the UK Government, rather than the European Commission, will be responsible for approving new textile names and manufacturing tolerances for the UK market. The existing EU law on labelling textile products will be retained through the EU (Withdrawal) Act 2018 but will be amended to ensure that it can still be applied effectively to the UK-only market.
Under a no deal Brexit, the UK Government has stated that the common EU labelling system for footwear will continue unchanged. However, responsibility for ensuring the accuracy of the labelling of footwear imported from the EU will fall on UK-based businesses.
Motor Insurance
Under a no deal Brexit, the reciprocal elements of the Motor Insurance Directive will no longer have effect between the UK and the EU/EEA. The Directive includes a mechanism to compensate local victims of accidents caused by vehicles from another EU country and requires claims about accidents in an EU country other than the victim's country of residence to be settled quickly (so-called visiting victims). Under a no deal Brexit, these mechanisms will no longer apply between the UK and EU/EA states.
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