European Commission


Legal Literature detail

B a c k

Directive article Article 5
Article 6
Article 7
Article 8
Reference E.C.L&P. 2008, 10(4), 6-7
Country United Kingdom Legal Literature date 2008
Author P. DONALDSON Author initial
Title EN UK: Consumer Protection from Unfair Trading Regulations URL EN N/A
Keywords general discussion on the national implementationpenalties

Head note

This article explains the scope of the Consumer Protection from Unfair Trading Regulations 2008, the practices they prohibit, the defences acceptable and the penalties available for infringement. The articles state that the Regulations are wide in scope and cut across all business sectors. They make clear that the Regulations overlap with existing UK consumer protection legislation. It goes on to discuss guidance published by the Department for Business, Enterprise and Regulatory Reform (BERR) and the Office of Fair Trading (OFT).

The article concludes that the Regulations represent a colossal shift from the current prescriptive-based governance towards a more general duty not to mislead or be unfair to consumers, which makes it difficult for traders to assess whether their consumer facing practices are a breach of the regulations. According to the author, the Regulations are open to much interpretation. 

General note

The article also deals with Regulations 17-19.

Relevant cases