Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)

Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)

The credit hire agreement was made at the consumer's home and did not include the required cancellation notice under the Regulations, rendering it unenforceable against the consumer. As a result, the consumer suffered no recoverable loss and cannot claim damages from the defendant.

Citation
[2013] EWCA Civ 1499
Parties
Claimant/appellant: Jitesh Salat; Defendant/respondent: Mindaugas Barutis
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Civil Appeal / Appeal From Brentford County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Cancellation of Contracts, Consumer Protection, Credit Hire Agreements, Unenforceable Contracts, Doorstep Selling Regulations
Consumer Law Contract Law Civil Procedure Cancellation of Contracts Consumer Protection Credit Hire Agreements Unenforceable Contracts Doorstep Selling Regulations

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Parties

Jitesh Salat

Claimant/appellant

Mindaugas Barutis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Brentford County Court to Court of Appeal

Legal Issues

  1. 1 Whether the credit hire agreement was made at the consumer's home and thus subject to the Cancellation of Contracts Regulations 2008
  2. 2 Whether failure to provide a cancellation notice rendered the contract unenforceable
  3. 3 Whether the consumer suffered a recoverable loss

Ratio Decidendi

The credit hire agreement was made at the consumer's home and did not include the required cancellation notice under the Regulations, rendering it unenforceable against the consumer. As a result, the consumer suffered no recoverable loss and cannot claim damages from the defendant.

Court Disposition

Appeal dismissed