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23 October 2015
Issue: 7673 / Categories: Features , Civil way
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Civil way: 23 October 2015

How to reject, consumer style & “Where does that sweet DJ sit?”

CONSUMERS ALRIGHT ACT: SECOND DOLLOP

Goodbye Now the Consumer Rights Act 2015 (CRA 2015) (see “Civil way”, NLJ, 9 October 2015, p17) gets exciting: well, more exciting. The Sale of Goods Act 1979 (SGA 1979), s 11 right to reject within a reasonable time (and a full refund) is replaced for consumer sales (but not for digital content) with a short-term right which is generally 30 days from delivery or earlier transfer of ownership but for perishable goods, substitute any shorter period before which perishing would occur. Time stops running if the consumer—they have no obligation to do so—requests or agrees to repair or replacement. The parties can agree to an extension (which might be useful if the trader is denying liability and the consumer wants the goods to be expertly tested or the consumer who fears that the manifestation of a defect may take longer than 30 days and wishes to preserve the right to a short-term rejection beyond 30 days may seek an extension on the 30 days as an

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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