header-logo header-logo

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

Maintaining standards

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll