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17 April 2008 / James Ross
Issue: 7317 / Categories: Features , EU , Competition , Commercial
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Consumer Power

Increased consumer protection means a new era of uncertainty for traders, says James Ross

The Consumer Protection from Unfair Trading Regulations 2008 (the Regulations) come into force slightly later than planned on 26May 2008 and represent the most significant development in consumer protection law for decades. The Regulations amount to a sweeping consolidating reform of the existing piecemeal legislation and implement the Unfair Commercial Practices Directive 2005, which is intended to harmonise legislation across the European Community preventing business practices that are unfair to consumers, so as to support growth of the internal market.

The Regulations contain general prohibitions on unfair commercial practices together with a “blacklist” of specific unfair practices. The OFT has issued limited interim guidance on the interpretation of various novel concepts introduced by the Regulations (such as “invitation to purchase”, “transactional decision” and the requirement of “professional diligence”) but it will be some time before any degree of certainty is reached in relation to the scope of this important new legislation.

A number of familiar pieces of legislation,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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