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GLOSSARY
The main measure of domestic UK inflation. It is used by the Bank of England in its monetary policy.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. FORTHCOMING CHANGE: Sections 224 to 251 of the Digital Markets, Competition and Consumers Act 2024 will, when the relevant sections are brought into force, repeal the Consumer Protection from Unfair Trading Regulations 2008 and replace them with broadly similar primary legislation to allow for stronger consumer law enforcement. The new regime will come into force on such day as the Secretary of State may by regulations appoint. This Practice Note looks at consumer protection legislation and how it relates to property, particularly conveyancing transactions. It primarily considers unfair contract terms and unfair commercial practices as addressed by the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008. Consumer protection legislation The main legislation The main legislation in relation to consumer rights protection in property law is: • Consumer Rights Act 2015 (CRA 2015), and • Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, (CPUTR 2008) (as amended by the Consumer Protection (Amendment) Regulations 2014, SI 2014/870) Broadly
PRACTICE NOTES
This Practice Note sets out the different legal bases of consumer protection in respect of dangerous or defective products. It considers civil claims, including claims for breach of contract, negligence or breach of statutory duty, as well as criminal liability and regulatory claims. For an overview of the product liability content, see: Product liability—overview. Introduction Product incidents can be divided into two categories, namely: • those where there is a risk of injury arising from the use of the product (‘dangerous products’ or ‘unsafe products’), and • those where the product does not function properly (‘defective products’) In both cases, a recall or other remedial action may be required to protect the brand and aggrieved consumers may bring civil claims. However, quality issues alone will rarely result in criminal sanctions against suppliers or manufacturers. For more information on recalls and corrective actions, see: • Practice Note: Product safety notification and corrective actions • Product liability—corrective actions—checklist • Product liability—product safety—checklist • Precedent: Product recall notice (or corrective announcement) • Precedent: Product recall clause For
PRACTICE NOTES
This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which (for the most part) revoked and replaced the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) on 6 April 2025. In particular, this note considers the unfair commercial practices of misleading actions, misleading omissions, aggressive practices, the contravention of the requirements of professional diligence, omissions of material information from an invitation to purchase and the banned practices. It also considers advertising and enforcement, including the private right of redress. For a quick guide to unfair commercial practices, see Practice Note: How to avoid unfair commercial practices. DMCCA 2024, ss 232, 234 and 235 relating to a consumer's right of redress, were not brought into force on the same date. This is to allow the Secretary of State, in accordance with powers granted under DMCCA
GLOSSARY
Consumer protection laws are the body of statutory and regulatory rules designed to protect consumers dealing with traders, particularly in relation to unfair terms, misleading practices, product safety, and defective goods and services. In the UK they include, among others, the Consumer Rights Act 2015, Consumer Protection from Unfair Trading Regulations 2008 and sector-specific regimes (for example, financial services and telecommunications). In Ireland they include the Consumer Rights Act 2022, the Consumer Protection Act 2007 (as amended) and related regulations implementing EU consumer law. “Consumer” and related concepts such as “trader”, “distance contract” and “unfair commercial practice” are defined in legislation and further developed by CJEU and domestic case law. Across England & Wales, Scotland, Northern Ireland and Ireland, usage of the term “consumer protection laws” is broadly consistent and closely aligned with EU-derived concepts, though the precise legislative instruments and enforcement architecture (courts, regulators and alternative dispute resolution schemes) differ. In practice, the term is used by practitioners when advising on compliance, drafting consumer-facing terms, litigating misrepresentation, unfair terms or product liability claims, and in regulatory investigations and enforcement actions.
NEWS
Dispute Resolution analysis: This case concerned the retrospective effect of consumer protection legislation on the activities of a credit servicing firm. The Central Bank had issued a public notice, to the effect that it believed that the respondent was engaged in credit-servicing services without authorisation from the Central Bank as a credit servicing firm. The appellant argued that the notice retrospectively deprived the respondent of the legal right to acquire the relevant debt in the first place, and any action taken by the respondent on foot of the agreement was also illegal. However, the appellant had not raised the issue in a timely or effective manner before the High Court. The case provides guidance on the requirement to demonstrate the existence of exceptional circumstances which would allow an appellate court to act on the basis of a new argument which had not been raised in the High Court. Written by Colm Ó Néill, barrister at the Bar of Ireland.
PRACTICE NOTES
This Practice Note introduces the key regulators of consumer protection legislation in the UK—the Competition and Markets Authority (CMA) and Trading Standards. It considers the relevant enacting legislation and an overview of the regulatory powers available. It also introduces the sector regulators who work alongside the key regulators, such as the Financial Conduct Authority (FCA) and Information Commissioner’s Office (ICO). Regulatory framework In the UK, the main pieces of consumer protection legislation under which regulatory bodies (referred to collectively as ‘regulators’ throughout this Practice Note) gain their enforcement powers are: • Consumer Rights Act 2015 (CRA 2015)—for more information, see Practice Notes: Consumer Rights Act 2015—summary and Enforcement of consumer protection laws under the Consumer Rights Act 2015 • Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024)—for more information, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions—Enforcement powers These powers may be used to investigate suspected infringements and enforce a host of consumer protection regulation in the UK. For a summary of the legislative framework for consumer protection in the
PRACTICE NOTES
This Practice Note provides a high level summary of key themes of divergence between UK and EU consumer protection legislation that have arisen since the UK exited the EU on 31 December 2020 (IP Completion Day). Specifically, this Practice Note compares areas of divergence in relation to consumer information and cancellation requirements, consumer saving schemes, dark patterns (ie harmful online choice architecture practices), enforcement, sale of goods, services and digital content, subscription contracts, sustainability and unfair commercial practices. Background Consumer protection law in the UK derives partly from assimilated EU law and partly from UK-specific law. In many ways, Brexit had less of an immediate impact on consumer protection because there was already regulatory fragmentation across EU Member States, and traders trading with consumers in the EU were familiar with having to consider specific requirements in cross-border situations. Although the immediate impact was relatively minor, there have since been several significant developments in consumer protection legislation in both the UK and EU since IP Completion Day which have enabled the UK to transition away from the EU’s laws and institutions.
PRACTICE NOTES
This Practice Note is intended to assist in the assessment of risk related to consumer protection issues. It aims to provide a step-by-step guide to the various tasks to be undertaken in a consumer protection legal risk assessment, solutions to help reduce risk, and a means of reporting to the board or risk management colleagues on the legal risks, how they have been addressed or what measures have been put in place for others in the business to address them. Introduction Organisations that provide goods, services or digital content to consumers must ensure that their standard form consumer contracts and every part of their commercial activity comply with consumer law and practice. Failure to comply may lead to unenforceable contracts, claims by consumers, actions by enforcement bodies or, in some instances, can lead to prosecution of both senior employees and their corporate employers. Consequently, it is vital that organisations have systems and procedures in place to avoid these risks. Additionally, all organisations must understand the risks in relation to product liability and consumer safety, and have in place
PRACTICE NOTES
This Practice Note provides a summary of the remedies and redress available to consumers for breaches of various consumer protection legislation, including remedies for faulty goods, services and digital content under the Consumer Rights Act 2015 (CRA 2015), cancellation rights for distance and doorstep contracts, the private right of redress, and redress mechanisms for card payments. Additionally, it introduces other forms of private action, such as for breach of contract or statutory duty, and collective proceedings that may be utilised for the benefit of consumers. For more information on civil or criminal enforcement, see: Consumer remedies and enforcement—overview. For an introduction to the consumer regulatory bodies able to enforce some of the remedies mentioned within this Practice Note, see Practice Note: Consumer protection regulators—introduction. Remedies for faulty goods The CRA 2015 provides consumers with certain statutory rights for goods purchased from traders. The key rights include that the goods must be of satisfactory quality, fit for a particular purpose made known to the trader by the consumer, as described, and match the sample or model seen or examined
NEWS
Commercial analysis: This case was about the sale of an Old English Sheepdog puppy which had health problems and considered the application of the Consumer Rights Act 2015 (CRA 2015) in this context. The legal issues relating to the claim involve breach of contract, alleged misrepresentation, statutory remedies available under the CRA 2015 and damages. Written by Fred Philpott, barrister at Gough Square Chambers.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law, guidance and practice relating to faulty goods and services in the UK, including remedies available to consumers, applicable to consumer contracts entered into before 1 October 2015. For contracts entered into after 1 October 2015, see our materials on the Consumer Rights Act 2015 listed in the ‘Introduction’ section below. Introduction This Practice Note summarises the law, guidance and practice relating to faulty goods and services in the UK, including remedies available to consumers where the trader does not comply with the contract for sale of goods and/or services, applicable to consumer contracts entered into before 1 October 2015 when the Consumer Rights Act 2015 (CRA 2015) came into force. This Practice Note considers the definition of consumer and of trader, sources of rights and remedies for consumers, rights and remedies consumers can benefit from, and exclusion of liability clauses. For information on CRA 2015 applicable to consumer contracts entered into on or after