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Civil way: 9 October 2015

09 October 2015 / Stephen Gold
Issue: 7671 / Categories: Features , Civil way , Procedure & practice
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Consumer law: back to school; assured shortholds: s 21 notice prescribed; £5K for bankruptcy.

CONSUMERS ALRIGHT ACT: FIRST DOLLOP

“Oh no. The Sale of Goods Act—1677 wasn’t it? That’s about all I know. I learnt it at law school. They can’t take it away from me now.”

Steady on. It was 1893 actually and then there was the Sale of Goods Act 1979 (SGA 1979). What’s happened is that the Consumer Rights Act 2015 (CRA 2015)—its meat came into force on 1 October 2015 by dint of commencement order SI 2015/1630 and catches contracts made on or after that date—replaces for consumer contracts only the SGA 1979 (well, most of it), the Unfair Contract Terms Act 1977 (UCTA 1977), the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) (UCTAR), the Supply of Goods and Services Act 1982 and the Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045). To be precise, the replacement is for a contract made between a trader (a person acting for purposes relating to their

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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