Sentences with phrase «fairness under this regulation»

In the Supreme Court decision in 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not cover.

The test case ruled out the fact that the price of bank charges could be used to assess fairness under this regulation.

Not exact matches

They include the «chilling effects» of libel suits, the perennial conflicts between property and access, the three out of four publishers who intervene in news decisions affecting their local markets, the advertisers» freedom to move their money to where their interests are, industry self - regulation in broadcasting and advertising, the backlash against conveying under duress (as in a hostage crisis) points of view that are never aired as directly without duress, the flareups of book banning and censorship of textbooks, the rout of the civil rights movement, the retreat from principles of fairness and equality (even where never implemented), the attack on scientific and humane teaching, the threat of self - appointed media watchdogs to also spy on teachers in the classroom, and the general vigor of ancient orthodoxies masquarading as neo-this and neo-that.

In the Supreme Court ruling on the bank charges test case, the chief judge of the Supreme Court thought it important enough to say this ruling didn't stop people challenging fairness under «Regulation 5» of the Unfair Terms in Consumer Contracts Regulations (which the Supreme Court case did not cover).

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

FURTHER ACCOUNT In the Bank Charges Test Case — OFT v Abbey National and others [2008] All ER (D) 349 (Apr)(see NLJ 9 May 2008, p 668)-- Mr Justice Andrew Smith on 22 May 2008 granted the banks permission to appeal his ruling that current terms and conditions for unarranged overdraft charges were susceptible to assessment as to fairness under the Consumer Credit Regulations 1999 (SI 1999/1956).

If the answer to Issue (2) is «yes», are the Relevant Provisions exempt from assessment for fairness under the 1994 Regulations by virtue of Regulation 3 (2) because they either define the main subject matter of the contract or concern the adequacy of the price or remuneration, as against the goods or services sold or supplied?

The question before the court was whether the Office of Fair Trading (OFT) was permitted to investigate the fairness of bank charges levied for unauthorised overdrafts and other related charges under reg 6 (2) of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 / 2083)(the reRegulations 1999 (SI 1999 / 2083)(the regulationsregulations).