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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10790
Experience:  Barrister 17 years experience
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On a consumer contract when does notice start ie if given on

Resolved Question:

On a consumer contract when does notice start ie if given on 23 January for 30 days does the 30 days start on 23 January or 24 January?
Under the first one the notice would end midnight on 21 February and on the second one on Midnight on 22 February. What is the case law on this and is there anything specific to consumer contracts under CPA 2015?
Submitted: 21 days ago.
Category: Law
Expert:  Buachaill replied 21 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 21 days ago.

1. There is a piece of legislation known as the Interpretation Act which defines time and when it starts. In your example, the 30 days would start on 24th January, which would be Day One for the running of time and not on 23 January, the day upon which notice was given. Essentially, the first day is excluded when computing from when time runs. This would mean that the 30 days notice would expire at midnight on 22nd February.

Expert:  Buachaill replied 21 days ago.

2. There is no different rule applicable to Consumer Contracts or to consumer contracts under CPA 2015. Instead the one statute of her Majesty deals with all issues concerning the running of time and applies a uniform to all questions of time whenever or where-ever arising in legislation.

Expert:  Buachaill replied 21 days ago.

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