Swift (trading as A Swift Move) v Robertson

Subject Matter

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, s 2(2) — Consumers, Estate Agents and Redress Act 2007, s 59 — Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008, regs 2, 5, 7, 10(1) — Council Directive 85/577/EEC, arts 1, 8

[2013] Bus LR 479

FAIR TRADING — Consumer protection — Contract made in consumer’s home — Trader visiting consumer's home where consumer signing contract for furniture removal — Contrract 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 — 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 specied 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 — European Communities Act 1972, s 2(2) — Consumers, Estate Agents and Redress Act 2007, s 59 — Cancellation of Contracts made in a Consumers Home or Place of Work etc Regulations 2008, regs 2(1), 5, 7(1)(6), 10 (1) — Council Directive 85/577/EEC, Preamble

[2014] 1 WLR 3438; [2013] Bus LR 479; [2014] Bus LR 1029

Appellate History