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Civil way: 23 October 2015

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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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