Glaser v Atay [2023] EWHC 2539 (KB) is a significant decision in two respects. First, it is a vanishingly rare example of a superior court striking down a contractual term as unfair under Part 2 of the Consumer Rights Act 2015 (CRA). Second, the case contains interesting – and ultimately problematic – discussion of the effect of a term being unfair, an issue seldom explored in previous cases. The case arose when Mrs Atay commenced proceedings against her ex-husband for financial relief. Under the Public Access scheme, she contracted two barristers for ‘preparation of and representation at”’ the trial listed to commence on 21 September 2020 …
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Rory Gregson, All or Nothing, Cambridge Law Journal, volume 83, issue 1, March 2024, pp 27-29. Published online by Cambridge University Press: 3 April 2024.
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