West London Solicitors

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

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 !

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