i-law

Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - UNFAIR TERMS IN CONSUMER AGREEMENTS

UNFAIR TERMS IN CONSUMER AGREEMENTS: The New Rules Explained. Nicholas Lockett, LL.B., Barrister, and Marius Egan, LL.B., Barrister. John Wiley, Chichester (1995) vii and 61 pp., plus 40 pp. Appendices and 5 pp. Index. Paperback £14.95.
This simple guide to the Unfair Terms in Consumer Contracts Directive (1993) and the Unfair Terms in Consumer Contracts Regulations 1994 is a masterpiece of concise clarity. Its lucidity (including a useful flow-chart) should be appreciated by those to whom it is directed.
The book is directed to businessmen and consumer groups, as well as lawyers, and aims to provide a critical examination and analysis of its subject-matter. For the former it is an excellent guide to the new provisions, though lawyers might feel that some further analysis is lacking. Ambiguities are clearly indicated, but no attempt is made to predict future interpretation. Key terms are not defined in either the Directive or the Regulations, which will be a source of much uncertainty until direction can be given by the courts. It is unfortunate that proposals made by the European Parliament and Economic and Social Committee were not incorporated in the Directive. These would have minimized the potential diversity of approach in Member States which the Directive almost invites.
The book sets out the full history of the European Union’s moves to facilitate consumer protection, with a preliminary outline of the Union itself, its structures and powers. It then examines the Directive’s provisions in some depth before setting out the implementation in the United Kingdom in the Regulations. One apparent omission appears to be the Regulations themselves. Three appendices give the text of the two Council Resolutions of 1975 and 1981 on consumer protection and information policy, and of the Directive. Most of the Regulations are set out in the text but not in their entirety, for ease of reference, as an appendix.
The aim of the Council was, and is, to create a level playing-field between consumers, sellers and suppliers. When key concepts are not defined it is questionable whether this will be achieved, and it is likely that the Directive is not the final instalment in the EU’s consumer protection policy.

301

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.