European Commission


Legal Literature detail

B a c k

Directive article Article 6
Reference J.B.L. 2010, 7, 618-637
Country United Kingdom Legal Literature date 2010
Author P. CARTWRIGHT Author initial
Title EN Unfair commercial practices and the future of the criminal law URL EN N/A
Keywords aggressive commercial practicesblack listenforcementmisleading omissionspenalties

Head note

This article examines the offences created by the Consumer Protection from Unfair Trading Regulations 2008. It outlines the four categories of strict liability offence: engaging in banned practices; misleading actions; misleading omissions; and aggressive commercial practices before focusing on the reg.8 offence of knowingly or recklessly engaging in a contravening commercial practice.

The article analyses the meaning of "knowingly" and "recklessly" in this context and discusses the problems of proving the mens rea of a corporation and of defining "professional due diligence" for reg.8 purposes. It also considers likely approaches to enforcement.

General note

This article relates to Regulations 8-12 and 16-18.

Relevant cases