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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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