Simon Whittaker, ‘Distinctive features of the new consumer contract law’

Between 2012 and 2015 a series of statutes and statutory instruments have subjected the English law governing consumer contracts to an extraordinary degree of change. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations or 2013 Regulations) impose a series of information duties on traders to consumers, grant consumers rights of cancellation and make further particular provision in relation to consumer payments; the Consumer Protection (Amendment) Regulations 2014  create a series of ‘rights to redress’ for consumers in respect of certain types of unfair commercial practices by traders by amending the earlier Consumer Protection from Unfair Trading Regulations 2008 (2008 Regulations); the Consumer Rights Act 2015 (2015 Act) enacts, inter alia, a string of provisions governing ‘goods contracts’ (a new broad category consisting of contracts of sale of goods, hire-purchase, hire and other contracts under which goods are transferred), ‘digital content contracts’ and ‘services contracts’, and also makes general provision for the control of unfair terms in consumer contracts; and the Consumer Insurance (Disclosure and Representations) Act 2012 (as amended by the Insurance Contracts Act 2015) rewrites the law governing disclosure and representations by consumers in insurance …


Simon Whittaker, ‘Distinctive features of the new consumer contract law’ (2017) 133 Law Quarterly Review (Jan) 47

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