Consolidation Rather than Codification – or Just Complication? - The UK's Consumer Rights Act 2015

[2019] Zeitschrift für Europäisches Privatecht (ZeuP) 170-201

32 Pages Posted: 25 May 2018 Last revised: 10 Jan 2020

Date Written: December 15, 2017

Abstract

On 1 October 2015, the Consumer Rights Act 2015 (CRA) entered into force. The CRA has been hailed as a major reform of United Kingdom Consumer Law, ostensibly simplifying the previously complex landscape of Consumer Law in the UK by bringing together many aspects of Consumer Law in one place. It brings together rules based on EU Directives, notably those on consumer sales and unfair contract terms, with related rules of domestic law. As such, the CRA performs the dual function of giving effect to EU Law and simplifying domestic law.

However, on closer examination, the CRA does rather less than one might expect: many key provisions of Consumer Law remain in separate measures, and the CRA itself is a rather jumbled assortment of provisions on aspects of Consumer Law. It is interesting to note that, two years after the CRA entered into force, there has not been a single key case on the Act itself. This contribution will provide a discussion of the CRA, starting with the pre-Act state of UK Consumer Law, before turning to the development of the CRA (which took almost 8 years and spanned two governments). A general overview of the CRA will then be given, followed by a closer look at selected aspects of the CRA.

Keywords: Consumer Law, Consumer Rights Act, Consolidation

JEL Classification: K10, K12

Suggested Citation

Twigg-Flesner, Christian, Consolidation Rather than Codification – or Just Complication? - The UK's Consumer Rights Act 2015 (December 15, 2017). [2019] Zeitschrift für Europäisches Privatecht (ZeuP) 170-201, Available at SSRN: https://ssrn.com/abstract=3178950

Christian Twigg-Flesner (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

HOME PAGE: http://https://www2.warwick.ac.uk/fac/soc/law/people/Christian_Twigg-Flesner

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