Law body set to clarify consumer rights

The Law Commission and the Scottish Law Commission have published recommendations that would simplify, strengthen and clarify laws governing consumer rights for faulty goods.

The proposals from the English, Welsh and Scottish statutory law reform bodies also insist that UK consumers retain some fundamental rights under threat from the proposed European Consumer Rights directive.

Currently UK consumers have some of the strongest protection in Europe under laws such as the Sale of Goods Act, the Sale and Supply of Goods to Consumers, and the Distance Selling Regulations.

However, the complexity of UK laws, coupled with some areas of legislation being unclear - such as how long is a ‘reasonable time’ in which to reject faulty goods - has led to confusion.

The proposed European directive would also weaken UK consumer law by removing the right to reject faulty goods within a reasonable time, and for goods to be free of minor defects such as imperfections in appearance, finish or small malfunctions.

The UK law commissions have said these rights should be retained. Their proposals also pin down what the law considers a ‘reasonable time’ to 30 days. Although it said there must be flexibility for some goods.

David Hertzell, the Commissioner leading the project for the Law Commission of England and Wales, said: “We believe that the right to reject should be retained in the UK as a short-term remedy of first instance. It is a simple, easy-to-use remedy which inspires consumer confidence.”

Other recommendations include allowing consumers to ask for a refund or price reduction after one failed repair or one failed replacement. The proposals now go forward as part of the debate on the proposed EC directive.