Arguably one of the main influences on UK national law has been the area of EU consumer protection. Despite the fact that the UK is no longer part of the European Union, EU consumer protection law that was applicable in the UK as of 31st December 2020 remains in effect as so called “retained EU Law”.
This assessment will provide the opportunity for students to practically explore, through a given scenario, the current application and interpretation of some of the main areas of EU based consumer protection that still applies within the UK and to critically identify the effect of Brexit on the interpretation and application of such rights.
Scenario
Simon and his wife, Claudette, live in Cardiff. Over the last few months, the family has faced some problems which are giving rise to considerable concerns.
Issue 1
The first issue arose when Simon’s old laptop was beyond repair. Having looked at the various offers on new laptops online, he settled on a company called Cheap Laptops Ltd UK (CLUK) based in Sheffield. The laptop sold under CLUK’s standard terms and conditions stated that the contract was concluded when the goods were shipped and that goods could only be returned for a refund if they were faulty under the Sale of Goods Act. The terms and conditions also stated that refunds would be given only if goods were returned in their original packaging within five days of receipt with the buyer responsible for the cost of both the return and the original shipping costs. The laptop duly arrived but after using it for six weeks, Andy, one of Simon’s closest friends offered to give him, for free, a brand-new top of the range laptop he had just brought but no longer required. Simon was delighted to accept and now wishes to return the laptop to CLUK and to get a refund. He has checked the CLUK website and has noticed that it does not make any reference to a right to cancel under distance selling laws and indeed gives few details about CLUK itself. There is no business address, company registration or tax details and the returns address is simply a PO Box.
Task
With reference to appropriate legislation and case law where relevant, advice Simon as to the extent of his rights as a consumer and what if any actions he should/could now take. [30 marks]
Issue 2
Claudette was very angry when she learnt that the shop in Spain she had visited (while at a conference there a few months ago), has gone out of business. She had brought from them an eight-piece gold plated set of place mats for the equivalent price of £200. Not only did she love the place mats, but she had also been told by the shop that the place mats were completely dishwasher safe. However, on their very first wash in the dishwasher, all the gold plating was removed from every place mat.
Claudette is determined to get her money back and is not sure how to proceed now. She paid for the place mats using a credit card issued by Spendaplenty Bank plc. The card had originally been taken out by her husband ,Simon, who rarely used it. When he did however he always made sure that any outgoings were paid off on receipt of the statements. Simon had made Claudette an authorised user on the card shortly after their marriage two years ago
