The Business Law Reports
[2013] Bus LR 479
Court of Appeal
Swift (trading as A Swift Move)
v
Robertson
[2012] EWCA Civ 1794
2012 Nov 29;
2013 Jan 15
Mummery, Jackson, Lewison LJJ
Fair trading— Consumer protection— Contract made in consumer’s home— Trader visiting consumer’s home to prepare estimate for supply of services— Contract concluded on trader’s second visit— Whether consumer protection regulations applying to contract— Whether regulations ultra vires— Whether contract made “during a visit by the trader to the consumer’s home”— Whether contract concluded after more than one visit excluded from regulations— Whether trader’s failure to serve written notice rendering contract unenforceable against consumer— Whether consumer entitled to recover deposit—
European Communities Act 1972 (c 68), s 2(2)[1]
—
Consumers, Estate Agents and Redress Act 2007 (c 17), s 59[2]
—
Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 2008/1816), regs 2, 5, 7, 10(1)[3]
—
Council Directive 85/577/EEC, arts 1, 8[4]