Consumer and Trading Standards: Law and Practice
is an authoritative and comprehensive guide for everyone involved in consumer and trading standards law. This book covers the full range of the work undertaken by consumer lawyers and trading standards officers in local authorities.
This user friendly text provides a clear and exhaustive analysis of the law including case-law and its application, wording of the statutory provision,plus authoritative commentary and analysis of the practical issues.
This new edition, covers all recent developments in consumer and trading standards law with informed commentary on new legislation and case-law including:
- Consumer Rights Act 2015
- Consumer Rights Directive 2011/83/EU
- Consumer Protection (Amendment) Regulations 2014
- Power and warrants under the Protection of Freedoms Act 2012
Covers the law in England, Scotland, Wales and Northern Ireland.
- Principles of Regulatory Law
- Civil Proceedings
- Unfair Commercial Practices
- Unfair Trading
- Fraud and Money Laundering
- Intellectual Property
- Product Safety
- Age-restricted Sales
- Weights and measures
- Consumer Credit
- Food Standards and Labelling
- Environmental Trading Standards
- Animal Health and Welfare
"an essential work for everyone specialised in this field of law."Click here to read the full reviewGerman-British Chamber of Industry & Commerce"the Pink Book remains of great benefit to those practitioners who need to be better informed about the range of measures we have today structured to protect consumers and support honest traders and that is exactly what Lewin and Kirk have produced for us here"Click here to read the full reviewPhillip Taylor and Elizabeth Taylor of Richmond Green Chambers"has rapidly established itself as the comprehensive handbook on Trading Standards Law and Practice ... an essential guide"Read the full reviewRobert Chantry-Price, MA, MBA, MSc, CQP, FCQI, CTSP, MCTSIReviews of Previous Editions"a useful reference book"Consumer News"it would provide bureaux with useful guidance about whether a consumer complaint should be referred to the local trading standards department"CABX
"the TSI warmly congratulates and thanks all concerned in the publication of this important text"more From the Foreword by Chief Executive, Trading Standards Institute
"an excellent guide for everyone who is concerned with consumer and trading standards in law and practice."German-British Chamber of Industry & Commerce
In the second edition of this book, in 2011, we commented on a European revolution in consumer and trading standards regulation. The same can be said of the fourth edition, although this time the shift in domestic legislation has also been seismic.
The Consumer Rights Act 2015 has radically transformed the media’s perception of this area. Although some of these rights were already available, the public’s awareness of a trader’s statutory obligations is undoubtedly spreading at pace. Enforcement powers have been consolidated and improved. Civil enforcement by public bodies has been bolstered by a raft of new ‘enhanced’ remedies.
The Consumer Rights Directive has also been implemented in the UK since the last edition of this book. Powerful new consumer rights concerning information and cancellation are yet to make it fully into the public consciousness. But they will provide stout protection for consumers in the rapidly growing area of internet sales. There are new rights that can be used by consumers in the civil courts when traders have engaged in unfair commercial practices.
For us, this has meant a number of structural changes in this edition. We have consolidated the general principles and universal enforcement powers into a chapter on criminal enforcement. There is also a brand new chapter on consumer rights, which considers the obligations set out in the directive and also those concerning consumer contracts in Part 1 of the 2015 Act.
The remainder of the chapters have also been thoroughly updated and we remain enormously grateful to our team of specialist contributors. We thank them once again for their tireless professionalism.
Time has passed quickly since our last edition in 2013 and Lucy Florence (now 8) and Sophie Matilda (now ‘nearly 6’) no longer regard pink as their favourite colour for its cover. But it is now far too late to change it. The fourth edition is, we are afraid, doomed to its existence as the most garish and gaudy title in a legal library.
We would finally like to dedicate this book again to our families. In particular, Bryan would like to thank his five grandchildren – Finbar, Orla, Joseph, Elsa and Nellie for inspiring him with their own achievements and their ever-increasing bundle of talents.
We have agreed that all royalties from the publication of Consumer and Trading Standards: Law and Practice (Fourth Edition) will again be donated to the Meningitis Trust and the British Heart Foundation.
Unless otherwise identified, the law is stated as at 1 October 2015.
Jonathan and Bryan
2015 will, in many ways, be seen as a momentous year for consumer rights. We have seen the first UK consumer law statute, directed at protecting consumers generally, for over a quarter of a century. It has been described as the ‘biggest shake up of consumer law for a generation’ by the Secretary of State for Business. There have been developments in alternative dispute resolution and new initiatives on such diverse topics as tobacco, novel psychoactive substances, plastic bags, secondary ticketing and lettings agents. I am also immensely proud that this year the Trading Standards Institute was awarded its Royal Charter, a status that it richly deserves for over a century of hard work and professionalism.
But it is not all good news. ‘The Impact of Trading Standards in Challenging Times’ reported independent evidence of the dramatic effect that austerity policies have had on consumer protection services. Staffing levels have fallen by approximately 45% since 2009. In the Spring a legal challenge against one local authority resulted in it agreeing to review its decision about how it could meet its onerous domestic and European consumer protection responsibilities. The CTSI has responded to the inevitable pressure of austerity by proposing a vision for larger, strategic enforcers to replace the current structures.
In this climate of change it is opportune to recall that the consumer protection ethos of modern-day trading standards has derived largely from a critical point in our constitutional history. Magna Carta is celebrating eight hundred years of existence in 2015. It crystalised the need of consumers for certainty: ‘let there be one measure of wine throughout the whole kingdom, and one measure of ale; and one measure of corn; and one width of cloth’. This uniformity has been the bedrock of fairness and commercial evolution since that time. However, it has been observed by jurists for centuries that, for the rule of law to exist, it must be observed. In the realm of consumer protection that requires sensible funding to ensure robust, but proportionate, enforcement.
I was delighted to have been asked to write the Foreword to the Fourth Edition of the Pink Book and I am sure it will be of great benefit to those who need to be better informed about the range of measures designed to protect consumers and support honest traders.
Baroness Crawley FRSA
House of Lords
1 October 2015
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