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27 July 2012 / Dermot Keating , Monica Stevenson
Issue: 7524 / Categories: Features , Company
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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