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23 October 2015
Issue: 7673 / Categories: Features , Civil way
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Civil way: 23 October 2015

How to reject, consumer style & “Where does that sweet DJ sit?”

CONSUMERS ALRIGHT ACT: SECOND DOLLOP

Goodbye Now the Consumer Rights Act 2015 (CRA 2015) (see “Civil way”, NLJ, 9 October 2015, p17) gets exciting: well, more exciting. The Sale of Goods Act 1979 (SGA 1979), s 11 right to reject within a reasonable time (and a full refund) is replaced for consumer sales (but not for digital content) with a short-term right which is generally 30 days from delivery or earlier transfer of ownership but for perishable goods, substitute any shorter period before which perishing would occur. Time stops running if the consumer—they have no obligation to do so—requests or agrees to repair or replacement. The parties can agree to an extension (which might be useful if the trader is denying liability and the consumer wants the goods to be expertly tested or the consumer who fears that the manifestation of a defect may take longer than 30 days and wishes to preserve the right to a short-term rejection beyond 30 days

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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