Areas of Expertise (8)
International Commerical Law
EU Contract Law
English Contract Law
EU Consumer Law
Digital Technology and Commercial/Consumer Law
University of Sheffield: Ph.D. 2002
University of Sheffield: L.L.B. 1997
- Journal of Consumer Policy : Co-Editor (Law)
- European Law Institute : Elected Council Member
- Honourable Society of the Inner Temple : Associate Academic Fellow
- Innovation and Technology Law Laboratory : Member
Selected Media Appearances (5)
EU's top court sees no problem with telling Facebook to take content down globally
The Register online
The decision doesn't create a pre-emptive monitoring requirement for online platforms, though Christian Twigg-Flesner, professor of international commercial law at Warwick University in the UK, speculates that could be an eventual outcome.
"It could mean that [internet] platforms might be required to take steps to monitor their content, particularly content provided by third-party suppliers, for information ruled illegal, eg, under consumer protection legislation," he wrote in a blog post on Thursday....
University of Warwick: New paper on the implications of leaving the EU for long-term contracts
Science Business online
Is my long-term contract Brexit proof? by Professor Christian Twigg-Flesner, Chair in International Commercial Law at Warwick Law School, highlights the issues likely to be faced by parties to long-term contracts entered into before Brexit was envisaged and the options available if either party wishes to adapt the contract to reflect the new relationship between the UK and the EU...
Funeral workers' insult to the dead: Staff chanted 'Chelsea scum' before sealing man's coffin, making racist remarks and cruel jokes in TV expose
Daily Mail online
Professor Christian Twigg-Flesner, an expert in commercial law, says: ‘The funeral directors’ code of practice states that they are not allowed to solicit business. What this company is doing acts in breach of that code.’
Are you entitled to a refund when the item you've bought is faulty?
The Guardian online
"We now have a bizarre mismatch of remedies if goods are found to be faulty and finding the right one is a minefield," says Christian Twigg-Flesner, Professor of Commercial Law at Hull University...
Five consumer laws you really ought to know
BBC News online
"The retailer likes shepherding you off to the manufacturer," says Dr Twigg-Flesner.
And there are still reasons why you might want an extended warranty - they often include loan machines and ongoing technical support that you would otherwise miss out on. But they are not always good value, says Dr Twigg-Flesner...
Selected Articles (5)
Prompted by the recent EU proposal for a Regulation on promoting fairness and transparency for business users of online intermediation services, this contribution considers the different approaches for regulating business-to-business (B2B) relationships on online platforms and provides a critique of the EU’s proposal. Online platforms often perform a practical intermediary role between suppliers of goods, services and digital content on the one hand, and customers of these suppliers on the other. They are very common in the consumer sector, ie, where the platform’s customers are predominantly consumers. Additionally, the potential of platforms for B2B relationships has been recognised, and the number of online platforms where both suppliers and customers are businesses is growing.
Modern-day consumers seeking to find goods or services which suit their needs are faced with an ever-increasing choice of products and suppliers. Moreover, products are becoming increasingly complex, the terms on which they are supplied vary from supplier to supplier, and it can be very difficult for a consumer to choose the ‘right’product. At the same time, suppliers are using a variety of different methods to market their products to consumers. What was once the paradigm consumer transaction–a purchase in a specialist High Street store after having compared different goods or services on offer–is slowly becoming atypical: consumers can now buy products at their doorstep, at a distance, via the internet and from another country. With so much choice, it will come as no surprise to hear that consumers may feel overwhelmed, and may take purchasing decisions which do not best suit their needs.
On 23 May 2017, the conclusions of the so-called “Fitness Check” of the key EU Consumer Law Directives were published. 1 The main conclusion of this exercise was that the bulk of the existing EU Consumer Law directives was adequate for dealing with both the digital environment and off-line transactions, and that no major reform was required. Instead, the exercise identified the need for better compliance by traders with their existing obligations, as well as better enforcement. These conclusions are both a relief and a disappointment at the same time: a relief, because the plans set out in the REFIT roadmap seemed to suggest a backwards step in the development of EU Consumer Law; a disappointment, because an opportunity for a serious debate about the purpose and future development of EU Consumer Law appears to have been missed.
This paper examines the topical question as to whether non-tangible products such as apps and other software not supplied on a tangible medium (should) qualify as products under EU Product Liability Directive. It addresses the relevant questions posed by the European Commission, which has recently announced an evaluation of the said Directive with the aim of its adaptation to the digital age. The article draws a crucial distinction between information (whether in tangible or non-tangible form) that should not lead to liability and tangible or non-tangible products which are not confined to mere information provision and whose defects may cause material harm. The latter must be considered as falling within the Product Liability Directive, which is eligible to reasonable interpretation achieving this aim.
The Journal of Consumer Policy is celebrating its 40th anniversary this year. From the outset, a constant behind the journal’s success has been the vision of all the editors to promote a multidisciplinary approach to consumer policy scholarship. Over the past four decades, the journal has featured fresh and often ground-breaking research on many facets of consumer policy, a tradition which continues to this day. To offer just a small indication of the rich contribution to consumer law and policy scholarship made by the Journal of Consumer Policy, we, the current editors, have selected five articles which, in our view, are among the milestones in the development of consumer law and policy. These five articles will be accessible free of charge on the journal’s website for the rest of the year.