Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020

Lord Mann Excerpts

Wednesday 16th September 2020 Grand Committee

[Lord Mann (Non-Afl)]

My Lords, over the last 20 years I have represented many thousands of people in what would accurately be described as alternative dispute resolutions, in a range of different ways. I see nothing amiss with this very sensible proposal. However, I want to press the Minister on the current situation and some of the likely ongoing disputes, in view of experiences I have had in recent times.

One problem I have encountered is the return of goods. Some suppliers have been remarkably reticent in acknowledging electronic communication, and consumers visiting their premises to return goods find that those premises are closed—a new scenario that potentially weakens the consumer’s position. I wanted to ensure that there is no hidden detriment in any way to those disputes where the goods supplier makes themselves unavailable. This is obviously severely compounded by their ability to do so at the current time.

The second is much more common, and concerns services—for example, airline services—and cancellations of airline and other transport services and comparable bookings due to the current crisis and for no other reason. Again, some airlines and third-party travel agencies have been highly responsive. Others have been highly unresponsive, with huge delays even in acknowledging requests for refunds. It appears that there is a danger in some cases of this potentially going on for many months and becoming protracted. An example would be if one were to cancel a Christmas booking now. There are all sorts of issues regarding what the rules for Christmas will be, whereas the rules for airlines seem much more precise.

As regards the Government’s thinking on this, does this legislation have any impact other than pro consumer, with the additional time allowance built in, or would it be accurate to entirely phrase this legislation as an additional time opportunity for consumers seeking redress through alternative dispute resolution without the need to go to court in these difficult times?