Amendments to the 1974 CCA - URGENT

[Kraken1]

standard and correct legal drafting to refer to an act that has been altered as thingamy act 2006 (as amended), for eg Sale of Goods Act 1979 (as amended).

 

there is also perhaps the option that they are trying to draw the courts attention to the fact that ss127 (3-5) were removed by the 2006 amendment for agreements after 2007.

[Kraken1]

http://www.fisa.co.uk/downloads/CCA%201974.pdf

 

Probably not.... I would not be that pedantic about a description of an act, expecially when it fairly standard to use such a description.

[Kraken1]

errr... no. That is why I posted the link. You have:

 

1977/126 of 31st January 1977

1977/325 (C. 11) of 28th February 1977

1977/326 of 28th February 1977

1977/327 of 28th February 1977

1977/328 of 28th February 1977

1977/329 of 28th February 1977

1977/330 of 28th February 1977

1977/331 of 28th February 1977

1979/667 of 15th June 1979

1979/1099 of 30th August 1979

1980/50 (C. 3) of 17th January 1980

1980/51 of 17th January 1980

1980/52 of 17th January 1980

1980/53 of 17th January 1980

1980/54 of 17th January 1980

1980/55 of 17th January 1980

1983/1551 of 24th October 1983

1983/1552 of 24th October 1983

1983/1553 of 24th October 1983

1983/1554 of 24th October 1983

1983/1555 of 24th October 1983

1983/1556 of 24th October 1983

1983/1557 of 24th October 1983

1983/1559 of 24th October 1983

1983/1560 of 24th October 1983

1983/1561 of 24th October 1983

1983/1562 of 24th October 1983

1983/1569 of 24th October 1983

1983/1570 of 24th October 1983

1983/1571 of 24th October 1983

1984/1055 of 23rd July 1984

1984/1107 of 25th July 1984

1984/1108 of 25th July 1984

1984/1109 of 25th July 1984

1985/1192 of 30th July 1985

1985/1736 of 13th November 1985

1988/2047 of 18th November 1987

1989/596 of 3rd April 1989

1989/1125 of 5th July 1989

1989/1126 of 5th July 1989

1997/211 of 4th February 1997...

 

And I don't doubt there are more since. The copy of the act on that link is way out of date. I don;t have westlaw at home to get a full list. I have no idea what any of those SIs did, though.

 

Therefore since 1977 the act has been correctly titled CCA 1874 (as amended).

 

I think if you argue on the name of the act you may irritate the judge/sherrif/whoever it is in scotland and it might colour his opinion of the rest of your case. He may see you as only relying on technicalities that he doesn't understand or care about. You might get rankined.

 

The 127 point is good, just make it in response to a specific claim made by the opposition and after they have sought to rely on it. This way they are either incompetent or were deliberately seeking to mislead the court... this could colour the judge against them...