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11 September 2014
Issue: 7622 / Categories: Legal News
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The right to cancel

A man who hired a removal company had a right to cancel the contract under legislation designed to protect consumers against doorstep selling, the Supreme Court has held.

Under the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 2008/1816), a consumer has a cooling-off period where a contract is made in his or her home. In Robertson v Swift [2014] UKSC 50, Robertson phoned Swift to ask about his removal business. Swift visited Robertson at his home and agreed a price. He then sent Robertson an acceptance document with his standard conditions which included a cancellation clause. Swift visited Robertson’s home a second time to drop off boxes, and collect the signed form and £1,000 deposit. Robertson then phoned, and later wrote to, Swift to cancel the contract. He refused to pay the cancellation charges after noticing that Swift had not correctly notified him of his cancellation rights.

The Supreme Court unanimously held that the 2008 Regulations applied even though there had been two visits to Robertson’s home at his express invitation. Robertson therefore had the right to recover his deposit.

Delivering judgment, Lord Kerr clarified that the cancellation period should be interpreted as meaning: “the period commencing from when the trader is required to give the consumer a written notice of his right to cancel pursuant to reg 7(2) and expiring seven days after the date of receipt by the consumer of a notice of the right to cancel…A failure by a trader to give written notice of the right to cancel does not deprive a consumer of the statutory right to cancel under reg 7(1) of the 2008 Regulations."

 

Issue: 7622 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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