header-logo header-logo

Maintaining standards

27 July 2012 / Dermot Keating , Monica Stevenson
Issue: 7524 / Categories: Features , Company
printer mail-detail

Dermot Keating & Monica Stevenson consider how unfair commercial practices are prosecuted

In May of this year, it was four years since the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) (the regulations) came into force and in this time lawyers and trading standards officers alike have grappled with a piece of legislation most notable for its prolixity and complexity.

The regulations implemented an EU Directive (Unfair Commercial Practices Directive [2005/29/EC]) which sought to harmonise the approach of member states towards unfair commercial practices. Many critics have attributed their complexity to the fact that the regulations incorporated, virtually wholesale, the wording of the Directive. Recent case law shows some of the difficulties encountered by the UK courts when interpreting seemingly simple statutory terms (see for example R (on the application of Surrey Trading Standards) v Southern & Scottish Energy plc [2012] EWCA Crim 539, [2012] All ER (D) 164 (Mar), which saw the Court of Appeal consider who qualifies as a “trader” for the purpose of the regulations).

To date, there is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Richard Meers

Arc Pensions Law—Richard Meers

Pensions litigation team announces senior associate hire

Burges Salmon—Neil Demuth

Burges Salmon—Neil Demuth

Firm appoints new chief financial officer

Anthony Collins—Sue Bearman

Anthony Collins—Sue Bearman

Social purpose firm announces director hire plus eight promotions

NEWS
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
back-to-top-scroll