Archive for the ‘Consumer contracts’ Category

Creating a more “cloud-friendly” Europe

Monday, January 30th, 2012

At the World Economic Forum recently Neelie Kroes announced the setting up of the “Cloud Partnership”.

With it she announced a policy to increase the uptake of cloud computing throughout Europe through the creation of common standards and regulation, together with an initial investment of Euro 10 Million from the European Commission to make it happen.

Personally I’m always a little concerned by announcements to boost the economy through greater regulation. If however the policy results in greater uptake of cloud computing by the public sector (whether through true “public” clouds or through the greater use of “private” clouds), as common standards are agreed and accepted then there is a real chance of (much-needed) cost savings, which must be welcome.

Let’s hope an agreement on standards can be reached more quickly than agreement on the debt crisis, even if it does involve putting up with unnecessary repeated references by politicians to becoming “not just Cloud friendly but Cloud active”.

Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.

Richard Nicholas

Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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In house lawyers have had a difficult time of it before the European courts recently

Tuesday, December 20th, 2011

First there was ECJ decision in Akzo Nobel suggesting that advice from in house counsel on competition issues would not be subject to legal advice privilege (creating a practical problem for in house lawyers advising their employer on competition issues).

Then in May the first instance court of the European Union took the view that in house counsel should not be able to plead proceedings before it – a judgement that was appealed in August.

Last week The Law Society published its letter to Ken Clarke, urging him to intervene in the appeal – but could an intervention really prevent the erosion of the in house lawyer’s role before the European Courts, now that Akzo Nobel has set a precedent? Should the appeal fail its likely to have profound consequences for in house lawyers.

Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.

Richard Nicholas

Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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What should we make of the proposed “Common European Sales Law”?

Friday, October 14th, 2011

A proposal for a common sales law across the 27 states of the EU to anyone opting into its terms has just been published. Does this signify a major development for businesses entering contracts throughout the EU?

In the short term, I confess, I doubt it – for one thing there already exists a voluntary piece of sales legislation to which businesses could opt-in if they wanted. I am of course referring to the United Nations Convention on Contracts for the International Sale of Goods (CISG), to which 76 countries have already signed up (with some notable exceptions such as the UK, India and Brazil).

An advantage the new EU instrument could have over the CISG however is a single supreme court (the ECJ) to determine how it should be interpreted. Over the long term we may yet all need to learn how it works alongside national contract law. I’ll certainly be watching to see how it develops.

Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.

Richard Nicholas

Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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Online auction fixer faces £50k fine

Friday, May 14th, 2010

Paul Barrett, the first person convicted in the UK of making sham bids on eBay, could be fined £50,000 after pleading guilty to 10 charges under consumer protection laws.

Barrett, a 39 year old minibus driver from County Durham, had engaged in “shill bidding” – the online practice of using a different username to bid on your own auctions.

In pleading guilty Mr Barrett said that he had not realised that bidding on his own items was a criminal offence.

Mr Barrett is due to be sentenced at Bradford County Court on 21 May where he faces fines up to a maximum of £5,000 for each of the 10 offences.

This will no doubt act as a strong deterrent to other unscrupulous traders and should provide some consolation to those who have paid over the odds.

Ryan Harrison

Posted by Ryan Harrison
0121 237 3950
rharrison@brownejacobson.com

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Send them back… but please pay the postage!

Wednesday, April 28th, 2010

Consumers who return goods purchased online or over the telephone must be able to recover any initial delivery costs as well as the price paid for the goods following a recent case before the ECJ. However the cost of returning the goods can still be passed on to the consumer.

The case concerned the interpretation of the Distance Selling Directive Articles 6 (1) & (2) which allows a consumer to cancel a contract within 7 days, without incurring any charges.

Currently many sales terms require consumers to forfeit any delivery costs they might have paid when they bought the goods. It now seems likely that companies will need to change their terms – and some who might have relied on a customer’s reluctance to pay postage to avoid the full cost of returns may finally have to take the legislation seriously.  For companies that supply large items to customers such as sofas, fridges and household furniture this is likely to increase the cost of doing business online.

Ryan Harrison

Posted by Ryan Harrison
0121 237 3950
rharrison@brownejacobson.com

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