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Now for the next Act

19 March 2009 / Claire Andrews
Issue: 7361 / Categories: Features , Procedure & practice
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Claire Andrews navigates the Regulatory Enforcement and Sanctions Act 2008

Consumer and food law, with its origins in weights and measures and food legislation dating from Magna Carta and beyond, has traditionally used punishment to deter breach of regulatory standards. In history, death, fines, flogging, the pillory, imprisonment and excommunication have featured variously as punishments for, and therefore deterrents against, certain offences of selling short weight or adulteration of food.

Limited powers

Today's powers to enforce consumer protection, food safety and hygiene laws are more limited. Personified by the modern-day weights and measures inspector—the trading standards officer—and his colleague the environmental health practitioner, local authority regulatory services have continued to enjoy powers which focus on punishment and deterrent through criminal sanctions. Prior to the Enterprise Act 2002 (and its predecessor, the Stop Now Orders (EC Directive) Regulations 2001), enforcement involved prosecuting off enders, cautioning them or taking informal or no action, and in some types of case, limited powers to prevent the off ending activity, including suspension or forfeiture.

The shift from

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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