Open consultation: Unfair contract terms: draft guidance on consumer protection law

[Legal Beagles]

We’re consulting on draft guidance on the new unfair contract terms provisions in the Consumer Rights Bill.

More...

[Amethyst]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

Consultation Documents

We are not consulting on the law, but on how clearly we have presented our interpretation of it. Whilst we are not specifically seeking comment on our legal interpretation, if you believe that any element it is wrong then we would suggest you mention this in your response

[EXC]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

There's some interesting case law cited - Foxtons, Spreadex and RWE (ECJ).

There's a big section that gives detailed explanations of the Grey List that could be very useful.

Will send to Tom.

[EXC]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

It's also quite interesting that they see the Act having application to 'notices' as they have the same effect as contract terms. I'm not sure that was ever the case with UTCCR.

[EXC]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

From the 'What's New'' doc:

Duty of a court to consider the fairness of terms
7.2 Clause 72 of the Bill says that a court must consider the fairness of terms in a consumer contract even if the parties to the case do not raise it as an issue, provided that the court has sufficient legal and factual information to allow it to do so. This reflects decisions of the Court of Justice of the European Union (CJEU) about the duties of national courts (see the further information section for examples of recent cases on this point).

Great that it's actually in the bill as Tom's been banging on about it for years. Hatosag gets a mention too.

[Fred]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

Wow............wonder when this stuff will find its way to the darker depths of "unregulated" loans.

[Fred]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

From the 'What's New'' doc:



Great that it's actually in the bill as Tom's been banging on about it for years. Hatosag gets a mention too.

ECJ Pannon ?

[EXC]

Re: Open consultation: Unfair contract terms: draft guidance on consumer protection l

ECJ Pannon ?

No, a relatively recent ECJ judgment (2012) that was used successfully in the Foster-Burnell v Lloyds bank charges case last year.