Sherrards achieves landmark ruling in England’s highest Court, The House of Lords

Sherrards Solicitors has won a landmark ruling in the House of Lords which is the UK’s highest Court, in the long-running case of TRM Copy Centres (UK) Ltd & others -v- Lanwall. In a unanimous judgment, the Law Lords upheld the Court of Appeal’s decision, finding in favour of Sherrards’ client TRM.

The Law Lords ruled that a commercial agreement, in which the retailer’s only relevant obligation was to pass on to TRM such monies as it received from customers who chose to use the photocopiers, subject to deduction of its commission, did not fall within the definition of a hire agreement under section 15 of the Consumer Credit Act 1974 (CCA). The ruling has clarified what can be considered a ‘consumer hire agreement’ and at the same time determined, finally, the central issue in the proceedings.

Sherrards’ Litigator, Barney Laurence, who led the case said,

“We are obviously delighted that the Law Lords found unanimously in our client’s favour. It has been a long and protracted case so far, and we are a major leap further forward in the proceedings, although this ruling relates only to a preliminary (albeit fundamental) issue in the litigation and there is work to be done yet.”

Martin Vodden, Director of TRM Copy Centres (UK) Limited said,

“I am delighted by the result, bearing in mind the significant impact that the decision could have had, on the operations of our own companies, should the decision have not been in our favour. Sherrards’ support and professionalism have been second to none throughout the process.”

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Article Date: 24th June 2009

Author: Paul Marmor