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05 June 2008
Issue: 7324 / Categories: Legal News , Local government , Public
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New consumer laws to hit auction sites

Legal news

Auction sites like eBay may fall foul of new laws which make it illegal for traders to pretend they are consumers making a private sale, lawyers say.

The Consumer Protection from Unfair Trading Regulations (CPRs) and the Business Protection from Misleading Marketing Regulations (BPRs) came into force last week, implementing the EC Unfair Commercial Practices Directive. The CPRs affect businesses that deal with consumers, while the BPRs apply to business-to-business promotional practices. The Trade Descriptions Act 1968 which outlawed “false descriptions” of goods was swept aside.

Dai Davis, partner at Brooke North LLP, says the regulations impose a duty on trading standards officers to prosecute traders who make out they are private sellers. He says: “This legislation may catch eBay itself since the only defence that a trader will have is one of where the trader can show that the commission of the offence was due to information supplied by a third party and that he took ‘all reasonable precautions and exercised all due diligence’ to avoid committing the offence.”

The new rules, he says, are also designed to get tough on spammers, with persistent and unwanted advertisements sent by e-mail becoming a criminal offence.

Issue: 7324 / Categories: Legal News , Local government , Public
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

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The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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