I have been posting this week on the recent case of the Office of Fair Trading v Foxtons, the Estate and Lettings Agency.
The case involved, in part, the understanding and reading of small print, which was some way from the main terms of the contract. If the small print is not sufficiently prominent or is not in plain enough language it will be unfair and therefore unenforceable.
Mr. Justice Mann in the case stated “...the impression given to a lawyer, after due consideration of the matter, is that the obligation is one which requires some legal mining to bring it to the surface, and the typical consumer is not a miner for these purposes.
So, there you have it, no miner’s lamp is required to read the small print. But, as always speak to your Solicitor if you have any doubts.