Unfair terms in consumer contracts

The High Court has clarified that where a consumer has a business purpose as well as a private purpose, the consumer can only fall within the Unfair Terms in Consumer Contracts Regulations (SI 1999/2083) (UTCCRs) if those business purposes are negligible or insignificant.

The decision provides helpful discussion of whether the various contractual terms were fair under the UTCCRs or reasonable under the Unfair Contract Terms Act 1977. As these terms are common in consumer and standard form contracts, the judgement gives useful guidance on the approach a court may take when considering these types of clauses in the future.

This checklist sets out how a business can comply with its obligations under consumer protection legislation.