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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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