The Charter of Consumer Rights and the UK Supreme Court

20 Pages Posted: 19 Apr 2016 Last revised: 27 Jun 2016

See all articles by Ewan McGaughey

Ewan McGaughey

School of Law, King's College, London; Centre for Business Research, University of Cambridge; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: April 15, 2016

Abstract

The Supreme Court in ParkingEye Ltd v. Beavis, joined to a revision of the common law on penalties in Cavendish Square BV v. Makdessi, declined to hold that an £85 charge for overstaying in a car park was unfair under European Union consumer protection law. This note asks, when will the UK’s highest court say contract terms are unfair against consumers? How does the Court perceive its role in furthering a charter of economic, social and consumer rights? Has the majority of the Court, in light of Lord Toulson’s powerful dissent, accurately interpreted the EU Court of Justice’s guidance and the purpose of the Directive? And finally, given the Court of Justice’s requirements for making a preliminary reference, and the fact that EU law directly binds every national court, can we regard ParkingEye as a precedent at all?

Keywords: Fairness, consumer rights, freedom of contract

JEL Classification: D11, D18, K12

Suggested Citation

McGaughey, Ewan, The Charter of Consumer Rights and the UK Supreme Court (April 15, 2016). Available at SSRN: https://ssrn.com/abstract=2765376 or http://dx.doi.org/10.2139/ssrn.2765376

Ewan McGaughey (Contact Author)

School of Law, King's College, London; Centre for Business Research, University of Cambridge ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

HOME PAGE: http://kclpure.kcl.ac.uk/portal/ewan.mcgaughey.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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