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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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