European Commission


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Directive article Emanating from Scottish Law Commission and English Law Commission
Country United Kingdom Title EN The Law Commission Consultation Paper No 199 and The Scottish Law Commission Discussion Paper No 149
Keywords judicial recourselegal actionslegal rights

Head note

This is a summary document for the consultation (taking place from 12 April - 12 July 2011) by the English Law Commission and Scottish Law Commission (the "Commissions"), consulting on:

"How far  should consumers be given a right to redress when a trader acts in a misleading or aggressive way, in breach of the Consumer Protection from Unfair Trading Regulations 2008."

The consultation considered current law and remedies available to consumers under English and Scottish law. The Commissions found that consumers do not have direct redress to be compensated for breaches of the UCP Directive and its UK enabling legislation. Instead the consumer must rely on other English and Scottish laws to find a remedy, the article discusses the associated problems with this system. The consultation presents potential proposals for reform and lists a series of questions for consultation.
The main proposal is a new consumer Act. The new act would not replace the enabling legislation of the UCP Directive, which would continue to govern criminal liability for aggressive and misleading practices. The new act would cover the private law consequences of traders who are found to act in ways that are aggressive or misleading. The consultation also proposed a new two-tier scheme of consumer remedies for instances of aggressive or misleading commercial practices.

General note

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