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10 November 2017 / Nathan Webb
Issue: 7769 / Categories: Features , Commercial
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Getting consumer rights right

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Cancellation periods & enforceability. Nathan Webb discusses potential pitfalls for traders

  • Traders and their advisers should ensure that contracts entered into with consumers incorporate the right to cancel.
  • If the right to cancel is not notified, the customer will have a claim for breach of contract and it is possible that the trader may not be able to enforce the contract or claim in restitution for any work done or monies advanced under it.

A key innovation in consumer law in recent years has been the introduction of mandatory cancellation periods in consumer contracts. The current statutory provisions requiring notification of cancellation periods to consumers are detailed in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (the 2013 Regs), which implement the Consumer Rights Directive 2011. Unlike preceding regulations made in 1987 and 2008, the 2013 Regs are silent on the issue of enforceability of a consumer contract where information on cancellation periods is not provided.

This article will explore unenforceability in English law and specifically how it has

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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