Salat v Barutis

The credit hire agreement was made at Mr. Salat’s home and was subject to the Regulations. Because the agreement did not include the required cancellation notice, it was unenforceable against Mr. Salat. As he was not liable for the hire charges, he suffered no recoverable loss, and his claim against Mr. Barutis failed. The Regulations are not incompatible with the ECHR.

Parties: Claimant/appellant: Jitesh Salat; Defendant/respondent: Mindaugas Barutis
Jurisdiction: England and Wales
Judgment Date: 20 November 2013
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Credit Hire Agreements, Cancellation of Contracts, Unenforceability of Contracts, Consumer Rights, Damages for Loss of Use

Consumer Protection Contract Law Civil Procedure Credit Hire Agreements Cancellation of Contracts Unenforceability of Contracts Consumer Rights Damages for Loss of Use

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Parties

Jitesh Salat

Claimant/appellant

Mindaugas Barutis

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the credit hire agreement was made at the consumer's home and thus subject to the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008
2 Whether failure to provide a cancellation notice rendered the agreement unenforceable against the consumer
3 Whether the consumer suffered a recoverable loss in the absence of enforceability

Ratio Decidendi

Court Disposition

Appeal dismissed