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SUPPORTING MATERIALS SESSION IV: INTERNATIONAL - PRIVATE ANTITRUST ENFORCEMENT AROUND THE GLOBE • Council Directive 2014/104, 2014 O.J. (L 349) 1. • Consumer Rights Act, 2015, c. 15 (U.K.). • James L. McGinnis and Oliver Heinisch, Eyes Across the Atlantic, LEXOLOGY (Apr. 14, 2017). • Damien Geradin, Collective Redress for Antitrust Damages in the European Union: Is This a Reality Now? 22 GEO. MASON L. REV. 1079 (2015). • Deborah R. Hensler, From Sea to Shining Sea: How and Why Class Actions Are Spreading Globally, 65 U. KAN. L. REV. 965 (2017). • Commission of the European Communities, White Paper on Damages Actions for Breach of the EC Antitrust Rules (Apr. 2, 2008). • Verica Trstenjak & Petra Weinger, Collective Actions in the European Union – American or European Model?, 5 Beijing L. Rev. 155 (2014). • Adams v. Apple Inc., [2014] No. CV-12-17511 (Can. Ont.).

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Part I Introduction
PART I INTRODUCTION 1. WHY DOES THE PRESENT LAW NEED REFORM? 1.1 Our Sixth Programme of Law Reform1 recommended that “there should be a comprehensive review of the law on limitation periods with a view to its simplification and rationalisation.” We noted that the law is “uneven, uncertain and unnecessarily complex” as demonstrated by the following examples: (1) Adrian is injured when operating an unsafe electric mower. He seeks compensation for his injuries. If he sues the manufacturer in the tort of negligence, or the seller of the mower for breach of contract, he has three years from the date of the injury to bring his claim, subject to the courts’ discretion to extend time. If he sues the manufacturer under the Consumer Protection Act 1987 (so as to avoid having to prove negligence) he has three years from the date of the injury to bring an action, subject to the court’s discretion to disapply the period; but his right of action under the 1987 Act is extinguished entirely if he does not sue within 10 years from when the mower was first bought. (2) Barbara was sexually abused by her uncle, Colin, from a young age until she was 14 years old. She is now 25 and suffers from a depressive illness and personality disorder. She has recently come to realise that her illness and disorder can be attributed to Colin’s abuse. But her action against Colin for trespass to the person will be time-barred (the limitation period being six years after she was 18).
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The Consumer Rights Act 2015
The Consumer Rights Act 2015 Introduction This document aims to highlight the main provisions of the new Consumer Rights Act 2015. For information on specific adherence to the legislation please contact the HTA legal advice line or further information can be obtained by visiting www.legislation.gov.uk The Consumer Rights Act 2015 sets out a framework that consolidates key consumer rights covering contracts for goods, services, digital content and the law relating to unfair terms in consumer contracts. The Act also introduces easier routes for consumers and small and medium sized enterprises (“SMEs”) to challenge anti-competitive behaviour through the Competition Appeal Tribunal (“CAT”). The Act is in three Parts: Consumer contracts for goods, digital content and services; Unfair terms; and Enforcement, including investigatory powers and penalties. Background The Consumer Rights Act aims to simplify consumer protection law by consolidating existing consumer protection legislation. The relevant domestic law is currently mainly contained in the following legislation: Supply of Goods (Implied Terms) Act 1973 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Sale and Supply of Goods Act 1994 Sale and Supply of Goods to Consumers Regulations 2002 Unfair Contract Terms Act 1977 Unfair Terms in Consumer Contracts Regulations 1999 Unfair Terms in Consumer Contracts (Amendment) Regulations 2001 Competition Act 1998 Enterprise Act 2002 The European Directives implemented in the Act are: Directive 99/44/EC of the European Parliament and of the Council on certain aspects of the sale of consumer goods and associated guarantees; Directive 93/13/EEC of the Council on unfair terms in consumer contracts; Some provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
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Changes to legislation: There are currently no known outstanding effects for the Limitation Act 1980. (See end of Document for details) Limitation Act 1980 1980 CHAPTER 58 An Act to consolidate the Limitation Acts 1939 to 1980. [13th November 1980] Modifications etc. (not altering text) C1 Act extended by Water Act 1981 (c. 12, SIF 130), s. 6(4) C2 Act amended (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 73(9)(c); S.I. 1994/1096, art.2(1) Act amended (31.1.1997) by 1996 c. 23, s. 14(1) (with s. 81(2)); S.I. 1996/3146, art. 3 C3 Act modified (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 209(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6) Act applied with modifications by Water Resources Act 1991 (c. 57, SIF 130), s. 208(4)(with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1, Sch. 23 para.6) Act modified (27.4.1997) by 1925 c. 21, s. 83(12) (as substituted (27.4.1997) by 1997 c. 2, s. 2 (with s. 5(5))) C4 Act applied (31.1.1997) by 1996 c. 23, s. 13 (with s. 81(2)); S.I. 1996/3146, art. 3 Act modified (13.10.2003) by 2002 c. 9, ss. 103, 134, 136(2), Sch. 8 para. 8, Sch. 12 para. 19(1) (with s. 129); S.I. 2003/1725 {art. 2} C5 Act: 2004 c.
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Consumer sales contracts: transfer of ownership HC 1365 Law Com No 398 Consumer sales contracts: transfer of ownership Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 22 April 2021 HC1365 LAW COM NO 398 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3. Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.lawcom.gov.uk/project/smart-contracts/. Any enquiries regarding this publication should be sent to [email protected]. ISBN 978-1-5286-2531-9 CCS 0421369540 04/21 Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office The Law Commission The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Nicholas Green, Chairman Professor Sarah Green Professor Nick Hopkins Professor Penney Lewis Nicholas Paines QC The Chief Executive of the Law Commission is Phil Golding. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne's Gate, London SW1H 9AG. The terms of this report were agreed on 24 February 2021. The text of this report is available on the Law Commission's website at http://www.lawcom.gov.uk.
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BRIEFING PAPER Number CBP6588, 6 March 2020 By Lorraine Conway Consumer Rights Act 2015 Inside: 1. Introduction 2. Background to the CRA 2015 3. Part 1: sale of goods, digital content and services 4. Part 2: unfair contract terms 5. Implementation, territorial extent & enforcement 6. Possible impact of Brexit on consumer rights Appendix www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number CBP6588, 6 March 2020 2 Contents Summary 3 1. Introduction 4 2. Background to the CRA 2015 5 2.1 Why was a new consumer Act needed? 5 2.2 Government consumer strategy 6 2.3 EU Consumer Rights Directive 7 2.4 Changes to the consumer landscape 7 3. Part 1: sale of goods, digital content and services 9 3.1 Overview of the main provisions 9 3.2 Application 10 3.3 Sale of goods 10 Implied rights 10 A right to reject a faulty good 11 Burden of proof 12 3.4 Sale of digital content 12 Implied terms 12 Statutory remedies 13 3.5 Delivery rights in respect of goods and digital content 13 3.6 Sale of services 14 Implied terms 14 Statutory remedies for non-conforming service 14 3.7 Treatment of mixed supply contracts 15 4. Part 2: unfair contract terms 16 4.1 Overview 16 4.2 Unfair terms? 16 Consumer notices 18 5. Implementation, territorial extent & enforcement 19 6. Possible impact of Brexit on consumer rights 20 Appendix 22 Cover page image copyright: Shopping mall by Stevepb / image cropped. Licensed under Pixabay License – no copyright required.
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Enforcement of Foreign Judgments 2021 Enforcement of Foreign Judgments 2021
Enforcement of Foreign Judgments 2021 of Foreign Enforcement Enforcement of Foreign Judgments 2021 Contributing editors Oliver Browne and Tom Watret © Law Business Research 2020 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Enforcement of [email protected] Senior business development manager Adam Sargent Foreign Judgments [email protected] Published by Law Business Research Ltd Meridian House, 34-35 Farringdon Street 2021 London, EC4A 4HL, UK The information provided in this publication Contributing editors is general and may not apply in a specific situation. Legal advice should always Oliver Browne and Tom Watret be sought before taking any legal action based on the information provided. This Latham & Watkins information is not intended to create, nor does receipt of it constitute, a lawyer– client relationship. The publishers and authors accept no responsibility for any acts or omissions contained herein. The Lexology Getting The Deal Through is delighted to publish the tenth edition of Enforcement of information provided was verified between Foreign Judgments, which is available in print and online at www.lexology.com/gtdt. July and August 2020. Be advised that this Lexology Getting The Deal Through provides international expert analysis in key areas of is a developing area. law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. © Law Business Research Ltd 2020 Throughout this edition, and following the unique Lexology Getting The Deal Through format, No photocopying without a CLA licence. the same key questions are answered by leading practitioners in each of the jurisdictions featured. First published 2012 Our coverage this year includes new chapters on the Bahamas, Denmark and Greece.
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Part 3: Approaches to Unconscionable Or Highly Unfair Trading Practices
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