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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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