Sentences with phrase «current contracts unfair»

Prima facie, in a situation where on a general challenge a court had found a term or terms in a set of standard conditions in use in current contracts unfair, it had to be a proper exercise of its power to grant an injunction to prevent enforcement of that term or terms in existing contracts.

Not exact matches

Contracts between banks and customers for current accounts, under which charges are made by the banks to customers when the customer requests or instructs a payment for which they do not hold the necessary funds, are not exempt from investigation by the Office of Fair Trading under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083)(UTC 1999).

It would be quite inadequate protection to consumers if a court on a general challenge, having found a term as used in current contracts to be unfair, had no power to prevent the supplier or seller from continuing to enforce that term in current contracts.

The Law Commissions had been asked to update the advice on ways to simply the current unfair contract terms regime that they provided to the UK Government in 2005 in light of recent court decisions.