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On appeal from: [2008] EWCA Civ 382. Held, dismissing an appeal, a Location Agreement within the respondents’ standard terms was not a consumer hire agreement within the meaning of Consumer Credit Act 1974, s 15.

For judgment, please download: [2009] UKHL 35
On appeal from: [2008] EWCA Civ 382

The respondents commenced proceedings when they discovered that the appellants, a competitor, had removed the respondents’ photocopiers from premises where they had been installed under Location Agreements, and replaced them with their own equipment. Their case is that the appellant’s actions constituted the tort of inducing the retailers to breach their Location Agreements. The appellant’s defence is that the Location Agreements are consumer hire agreements, not enforceable against the hirer as the respondents are not licensed under the Consumer Credit Act 1974.

Held, dismissing the appeal, the Location Agreement is not a consumer hire agreement within the meaning of s 15 of the 1974 Act.

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