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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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