000			02326cad a22002895a 4500
001			L144570
008			080729e20080710xxk f v 000 0 eng d
035			_a(Sirsi) u144570
041	0		_aeng
245	0	0	_aOffice of Fair Trading v Foxtons Ltd _h[electronic resource]
260			_c2008
520			_a[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.
590			_aKA
650	2	4	_aOCEANO GROUPO EDITORIAL SA V QUINTERO
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650	2	4	_aCIVIL PROCEDURES RULES 1998
650	2	4	_aENTERPRISE ACT 2002
650	2	4	_aFREIBURGER V HOFSTETTER
650	2	4	_aOFFICE OF FAIR TRADING V FOXTONS LTD
650	2	4	_aBRYEN & LANGLEY LTD V BOSTON
650	2	4	_aCLARO V CENTRO MOVIL MILENIUM SL
650	2	4	_aMEADOWS INDEMNITY CO LTD V INSURANCE CORP OF IRELAND PLC
651		4	_aUnited Kingdom _y
690			_aPROPERTY-PROPERTY MANAGEMENT-MANAGING AGENTS
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2008/1662.html _zView the case free of charge at www.bailii.org...
942			_n0
999			_c80522 _d80522