The Weekly Law Reports
[2014] 1 WLR 3438
Supreme Court
*Swift (trading as A Swift Move)v Robertson
[2014] UKSC 50
2014 March 19;
Sept 9
Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hodge JJSC
Fair trading— Consumer protection— Contract made in consumer’s home— Trader visiting consumer’s home where consumer signing contract for furniture removal— Contract providing for cancellation charge and payment of deposit— Consumer cancelling removal two days later but refusing to pay cancellation charge— Trader bringing action for recovery of charge— Consumer relying on regulations giving right to cancel contract negotiated away from business premises within specified period and counterclaiming for return of deposit— Specified cancellation period defined as seven days from receipt of trader’s required written notice of consumer’s right to cancel contract— Provision in regulations that contract not enforcable against consumer where written notice not given— Trader having failed to serve written notice rendering contract unenforcable against consumer— Whether absence of notice resulting in no cancellation period having arisen so as to prevent consumer additionally cancelling contract and obtaining return of deposit—
Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 2008/1816), regs 2(1), 7(1)(6)
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Council Directive 85/577/EEC, Preamble