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Office of Fair Trading v Foxtons Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 1662 (Ch), 10 July 2008. Endorsements in a claim form seeking an injunction restraining an estate agent from enforcing alleged unfair terms contained in its standard form letting agreement were struck out where they would if granted, have prevented the agency from enforcing concluded contracts with its existing customers. Applicant letting agent (F) applied to strike out endorsements from a claim form issued by the respondent OFT (O). O issued a claim against F under the Civil Procedures Rules 1998 after receiving several complaints against F as regards the commission charged to landlords and stated that contract terms were unfair. F applied to strike out the endorsements in so far as they sought to restrain enforcement of terms in existing contracts or sought remedy in respect of previous contract terms. It fell to be determined whether O was entitled to claim an injunction in a collective challenge. Held: application allowed. Only parties to the claim were F and O, as O had failed to join any claimants to the case. The court had to rule on an indicative case, not an individual example and if the injunction had been granted the court would have been ruling on every individual case and would contravene the requirement that the court have specific knowledge of each case as it occurred.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 144570-1001

[2008] EWHC 1662 (Ch), 10 July 2008. Endorsements in a claim form seeking an injunction restraining an estate agent from enforcing alleged unfair terms contained in its standard form letting agreement were struck out where they would if granted, have prevented the agency from enforcing concluded contracts with its existing customers. Applicant letting agent (F) applied to strike out endorsements from a claim form issued by the respondent OFT (O). O issued a claim against F under the Civil Procedures Rules 1998 after receiving several complaints against F as regards the commission charged to landlords and stated that contract terms were unfair. F applied to strike out the endorsements in so far as they sought to restrain enforcement of terms in existing contracts or sought remedy in respect of previous contract terms. It fell to be determined whether O was entitled to claim an injunction in a collective challenge. Held: application allowed. Only parties to the claim were F and O, as O had failed to join any claimants to the case. The court had to rule on an indicative case, not an individual example and if the injunction had been granted the court would have been ruling on every individual case and would contravene the requirement that the court have specific knowledge of each case as it occurred.