Legal Literature detailB a c k
|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 practices, black list, enforcement, misleading omissions, penalties|
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.
This article relates to Regulations 8-12 and 16-18.