Contravening professional diligence under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]

Copyright © 2025 LexisNexis
Published by a LexisNexis Corporate Crime expert
Practice notes

Contravening professional diligence under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]

Copyright © 2025 LexisNexis

Published by a LexisNexis Corporate Crime expert

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on contravening Professional diligence under DMCCA 2024, see Practice Note: Contravening professional diligence under the Digital Markets, Competition and Consumers Act 2024 .

The offence of contravening professional diligence

The offence of contravening professional diligence is one of the criminal offences contained in the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008). See Offences under the Consumer Protection from Unfair Trading Regulations 2008 [Archived].

CPUTR 2008, SI 2008/1277 reg 3 prohibits unfair commercial practices. An unfair commercial practice includes, amongst others, a commercial practice that:

  1. •

    contravenes the Requirements of professional diligence, and

  2. •

    materially distorts or is likely to Materially distort the economic behaviour

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Jurisdiction(s):
United Kingdom
Key definition:
Professional diligence definition
What does Professional diligence mean?

‘Professional diligence’ is defined as the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either: • honest market practice in the trader’s field of activity, or • the general principle of good faith in the trader’s field of activity

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