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TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd
on 30 August 2011
Consumer Hire Agreements
The House of Lords handed down judgment in the case of TRM Copy Centres (UK) Ltd and others v Lanwall Services [2009] UKHL 35 on 17th June 2009. This case involved two photocopier supply businesses who were in competition with each other. The appellants had persuaded a number of retailers, who had agreements with the respondents to replace their photocopiers with their own machines. The appellants’ appealed to the House on a preliminary issue of whether the respondents’ agreements were consumer hire agreements within the meaning of section 15 of the Consumer Credit Act 1974 c.39. If so, they would be unenforceable against the hirer as the respondents were not licensed to offer such agreements.
The House of Lords dismissed the appeal and held that the agreements did not fall under section 15. The obligations which were made did not include an obligation to pay anything in cash or kind for the hire of the photocopier. If no copies were made there was nothing to pay at all. The photocopier itself was not being hired and the decision of the Court of Appeal was affirmed.
