Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
Produced in partnership with Helen Simm of Browne Jacobson LLP
Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002

The following Corporate Crime guidance note Produced in partnership with Helen Simm of Browne Jacobson LLP provides comprehensive and up to date legal information covering:

  • Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
  • Background to the introduction of the Consumer Rights Act 2015
  • Civil enforcement powers—The Enterprise Act 2002, Part 8
  • The Consumer Rights Act 2015—what changed?
  • ECM type—redress measures
  • ECM type—compliance measures
  • ECM type—consumer information measures
  • When can ECMs be used?
  • Which enforcers can use ECMs?
  • Procedure for imposing ECMs
  • more

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. For further guidance, see Practice Note: Brexit—introduction to the Withdrawal Agreement and Impact of Brexit on civil consumer protection enforcement powers below.

Background to the introduction of the Consumer Rights Act 2015

Prior to the Consumer Rights Act 2015 (CRA 2015), enforcers usually sought to prevent breaches of consumer protection law by bringing a criminal prosecution or by making an application for a civil injunction (enforcement orders or undertakings) to stop or prevent the offending behaviour under Part 8 of the Enterprise Act 2002 (EnA 2002).

There were no obvious means for individual consumers to be personally redressed for losses incurred as a result of traders’ unlawful conduct, nor were there any ways to compel businesses to make proactive changes to avoid future infringements.

As part of a wholesale reform of consumer protection law, CRA 2015 amended EnA 2002 to include enhancements to the enforcement orders and undertakings already available under EnA 2002, Pt 8. This sought to fill the gap between the harshness of criminal sanction and the shortcomings created by the lack of civil alternatives.

The main sanction for