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Judgment – Foster-Burnell v Lloyds Bank – August 2014 – Bank Charges
Download the Judgment – > http://www.legalbeagles.info/judgmen...August2014.pdf 12mb
''rather than effectively overruling the Supreme Court's ruling in the Test Case, the ECJ has added a further dimension to the national Court's approach to the application of Regulation 6(2) of the Unfair Terms in Consumer Contract Regulations 1999 by ruling that the exclusion of the provisions of that Regulation to the terms of a contract to which it would otherwise apply is itself to be excluded where those terms have the effect of enabling the supplier to amend the price of its services provided to the consumer without the reason for and the method of the variation of the price, in particular, being set out, and without the consumer having the right to terminate the contract. Or to put it more straightforwardly, by saying that the Court can now assess the fairness of such terms if that is their effect.''
''rather than effectively overruling the Supreme Court's ruling in the Test Case, the ECJ has added a further dimension to the national Court's approach to the application of Regulation 6(2) of the Unfair Terms in Consumer Contract Regulations 1999 by ruling that the exclusion of the provisions of that Regulation to the terms of a contract to which it would otherwise apply is itself to be excluded where those terms have the effect of enabling the supplier to amend the price of its services provided to the consumer without the reason for and the method of the variation of the price, in particular, being set out, and without the consumer having the right to terminate the contract. Or to put it more straightforwardly, by saying that the Court can now assess the fairness of such terms if that is their effect.''
