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16 September 2020 / Professor Sarah Green , Matthew Barry
Issue: 7902 / Categories: Features , Commercial , Profession
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Delivering the goods—lessons from Farepack

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Sarah Green & Matthew Barry discuss modernising the transfer of ownership rules
  • Why amend the transfer of ownership rules?
  • The Law Commission’s proposed rules.
  • The questions asked in the consultation paper.

The Law Commission has recently launched a consultation on a draft Bill that would amend the rules governing when consumers acquire ownership of goods under sales contracts. The consultation follows on from the Law Commission’s July 2016 Report, Consumer Prepayments on Retailer Insolvency (https://bit.ly/3itIRfj) which recommended reform of the transfer of ownership rules. In this article, we set out the case for reform, briefly explain our proposed rules, and describe the scope of our consultation.

Why amend the transfer of ownership rules?

Consumers often pay for goods in advance of receiving them. This happens whenever consumers buy goods online. It can also happen when consumers pay for goods in a physical store, but the goods have to be made to the consumer’s order, are not available to

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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