Important news re EU law on buying online
It never fails to amaze us, as lawyers, at the fact there aren’t more problems with online trade, which often takes place across borders with few if any contract terms to protect consumers. Either the web largely works because if more sellers defaulted the who9l;e thing would collapse i.e online trade or there are more problems than meet the eye but these go largely unreported. It is believed, based on research that up to 40% of consumer in the EU not shop online.
In any event, some new EU law on the issue of online trade is only to be welcomed, as long as it can be enforced in practice. The new laws, which must be implemented in member states within 2 years from July, provide that :-
- customers will have the right to return goods within 2 weeks if they change their mind
- car rentals, airline tickets, hotel bookings and goods which have a short shelf life will be exempt
- Goods will need to be delivered to the buyer within 30 days of purchase
- The seller will be legally liable for damage or loss before delivery.
- Consumers must also be given clear information on the goods ordered and the price
Posted June 26th, 2011 in Uncategorized |
Unlawful cuts to social care services
In a highly significant High Court ruling this week, Birmingham City Council has been ordered to scrap planned cuts to services (such that only “critical services would be provided”) for the disabled and elderly.
In legal terms, the basis of the application to the court was on the grounds of disability discrimination and the Judge also ruled that there had been insufficient public consultation.
It is quite clear that elderly and disabled people need the help provided by Local Councils but as against this, if Council funding from Central Government is cut and the Council cannot raise sufficient money from other services, something has to give. If other services are removed, those affected may challenge this legally. Consequently, Councils seem set for a difficult, if not impossible, juggling act for the foreseeable future and probably would be wise not to reduce staffing in their legal departments !
Posted May 20th, 2011 in Uncategorized |
When a family is being housed, the provision of separate, self-cont
ained flats with no common living areas does not mean that accommodation had been made available such that the members of the applicant’s family could ‘reside together’ in the ordinary meaning of the phrase.
Posted May 19th, 2011 in General |
Cotswold Geotechnical Holdings Ltd., which became the first company to be convicted of corporate manslaughter (under the Corporate Manslaughter and Corporate Homicide Act 2007) in February of this year, has lost an appeal against its conviction.
The company was convicted following the 2008 death of geologist, Alexander Wright, 27, who died when a trench he was working in collapsed.
Posted May 19th, 2011 in General |
Payment Protection Insurance (PPI), which was sold aggressively by many of the clearing banks during the debt boom
of the 1980s and 1990s, has led to large provisions being made for losses as the banks have abandoned attempts to fight mis-selling claims.
Thousands of customers w ere sold PPI policies, which undertook to cover loan repayments on lo an in the event that the borrower became unemployed or fell ill and was unable to make the repayments. The policies were extremely profitable for the banks because the claim rates were very low and the policy costs were high.
However, following widespread complaints and successful litigation, the banks have abandoned their struggle and have earmarked more than £5 billion to meet claims.
Posted May 19th, 2011 in Civil Litigation, General |
Keeping company records up to date is not always a top priority for the directors of smaller companies. However, failing to keep the shareholders’ register up to date can have a downside if a share transfer has occurred but the new owner’s name is not entered into the register of members.
The problem is that under the Companies Act 2006, except in very limited circumstances, the person shown as a member in the register of members is a member and a person not shown isn’t – until the register is rectified.
This can have practical effects such as making notices of meetings invalid, invalidating votes of shareholders and so on and can affect, as it did in a recent case in the Supreme Court, whether or not one retains the rights attaching to shares transferred for financial purposes into the names of nominees.
Contact us for advice on company secretarial and company law matters.
Posted May 17th, 2011 in General |
The number of businesses in the UK which are suffering from ‘significant’ or ‘critical’ financial problems on the first quarter of 2011 has risen to 186,000, according to a report by insolvency specialists Begbies Traynor. This is an increase of 26 per cent over the figure for the third quarter of 2010 and is 15 per cent more than the same quarter in 2010.
Another report shows a 4 per cent jump in the number of retail businesses at ‘high risk’ of insolvency and there has also been a 15 per cent increase in the number of retails using company voluntary arrangements compared with 2010.A
report by accountants PwC also revealed an increase of more than 12 per cent in corporate insolvencies with retailing the worst-hit sector.
Things are tough in retailing and the building industry was recently identified as having had a particularly bad winter.
For advice on managing your trade risk, contact us.
Posted May 16th, 2011 in General |
Concern over increased property repossessions
Council of Mortgage lenders figures for the period January to end of March 2011 show that 15% more homes were repossessed compared to the previous quarters and this is of particular concern bearing in mind interest rates are at historic lows and rate rises are anticipated.
In the period in question 7,900 homes were repossessed.
Tags: Property law, repossession, solicitors west london
Posted May 14th, 2011 in Uncategorized |
Under UK law, anyone who is allowed unopposed occupation of a piece of land for more than twelve years (10 years for registered land if appropriate procedures are followed) can acquire legal title to the land. Although numerous safeguards were introduced in the
Land Registration Act 2002, which introduced a system of notices before the title could be transferred, this continues to be the case.
The UK's approach to 'squatters' rights' (known in legal circles as adverse possession) has been ruled to be lawful according to a ruling by the European Court.
If you allow people to make use of land you own without taking measures to protect your rights you run the danger of giving them permanent legal rights over your land or even losing legal title to it. Contact us for advice.
Posted May 9th, 2011 in General |
It may be assumed that when a couple purchase a property in equal shares, that is how ownership remains, but it isn’t necessarily so.
In a recent case, the High Court had to rule on the ownership of a house, which had been bought for £30,000 by a cohabiting man and woman who lived in it between 1985 and 1993. When the relationship broke up, the man moved out and ceased to contribute to the mortgage and running expenses of the property, and made no contr
ibution towards maintenance of the couple’s children. He bought another property and moved there. The couple cashed in a joint insurance policy to assist him to finance his new home.
In 2008, it became necessary to determine the respective shares of the ownership of the property, by which time its value had risen to £245,000. The County Court ruled that the share of the woman who had remianed in the house should be 90 per cent. On appeal, the High Court upheld this decision.
After a further appeal, the Court of Appeal ordered that the split should be 50:50. The case is now to be heard by the Supreme Court and may be expected to set a precedent for how similar cases will be decided in the future.
Posted May 6th, 2011 in Family |