Members of the regulatory team, headed by Jeremy Barnett, are regularly instructed to prosecute and defend cases under the Consumer Protection and Unfair Trading Regulations 2008.

Legal Background of Consumer Protection in the UK

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) put in place a more comprehensive framework for dealing with sharp practices and rogue traders than was in place before.

The CPRs prohibit traders in all sectors from engaging in unfair commercial practices against consumers and set out rules that determine when commercial practices are unfair.

The rules fall into three categories:

  • Commercial practices which contravene the requirements of professional diligence.
  • Commercial practices which are misleading (by action and omission) and aggressive practices.
  • Certain specific commercial practices which are always considered to be unfair.

The first two categories of commercial practice which are caught by the prohibition are principles-based; they apply only if the effect of the trader’s practice is likely to alter a consumer’s decision in relation to that product.

James Lake Consumer Protection Case

James Lake, Prosecuting Counsel for West Yorkshire Trading Standards (WYTS) and Derek Hallam of Henry Hyams Solicitors secured one of the longest sentences known for a WYTS case of this nature.

The investigation into Mr Morrison and Mr Towers’ company’s poor workmanship – and failure to refund deposits – turned out to be the worst case of rogue trading that officers from West Yorkshire Trading Standards had ever come across.

Morrison and Towers were charged with offences under the Consumer Protection and Unfair Trading Regulations 2008 (CPRs) and the Fraud Act 2006. Guilty pleas were accepted by the defendant, Morrison and Towers on the first day of the trial at Leeds Crown Court.

During sentencing, prosecuting barrister James Lake told the Court: ‘The evidence demonstrates the unscrupulous, disreputable and persistent manner in which the defendants conducted their business. Rather than care to avoid entering into contracts with vulnerable and elderly people, Morrison and Towers sought out these people as customers, as they were easy targets’.

Morrison and Towers were sentenced to four years and three months’ imprisonment, with Judge James Spencer QC stating that the starting point for sentencing was five years, which was reduced by 15 per cent for their early plea.

Alun Jones’ Experience in Consumer Protection Law

Alun Jones, a Barrister instructed by West Yorkshire Trading Standards, helped secure the conviction and sentence of HPAS Limited of Bradford who trade as Safestyle UK. They have been fined £120,000 at Sheffield Crown Court having pleaded guilty at an earlier hearing to multiple offences of breaching consumer protection legislation repeated across the country, some offending involving elderly or vulnerable people.

The conviction was secured by the West Yorkshire Financial Exploitation and Abuse Team (WYFEAT), which is a multi-agency partnership between West Yorkshire Trading Standards, West Yorkshire Police, Adult Social Care professionals and supported by the Police and Crime Commissioner for West Yorkshire, with the aim of combating rogue traders who prey on the vulnerable. The fine imposed on the company which manufactures and installs uPVC windows and doors, is the highest imposed in the county for breaches of the Consumer Protection from Unfair Trading Regulations 2008. The company were also ordered to pay prosecution costs of £52,393.00.

The company which claims to be the ‘UK’s Number One Supplier of Replacement uPVC Windows and Doors’ pleaded guilty to offences of using sales practices which were aggressive, misleading or banned.

 

If you are interested in instructing our regulatory barristers for a case involving consumer protection regulations, please get in touch with our clerks today.

“The clerking team is responsive, extremely approachable and knowledgeable”

The Legal 500

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For further information and enquiries please contact our clerks team.

Consumer Protection Law Barristers

Richard Barraclough KC

Richard Barraclough KC

Call: 1980 Silk: 2003

Simon Myerson KC

Simon Myerson KC

Call: 1986 Silk: 2003

Jonathon Sandiford KC St Pauls Chambers

Jonathan Sandiford KC

Call: 1992 Silk: 2020

Denise Breen-Lawton

Denise Breen-Lawton

Joint Head of Chambers

Call: 2000

Jeremy Barnett

Jeremy Barnett

Call: 1980

Alasdair Campbell

Alasdair Campbell

Call: 1999

Danielle Graham

Danielle Graham

Call: 2003

James Lake

James Lake

Call: 2005

Angus MacDonald

Angus MacDonald

Call: 2009

George Hazel-Owram

George Hazel-Owram

Call: 2012

Emma Handley

Emma Handley

Call: 2019

Contact Us

Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.

Contact Us

St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF

For out of hours assistance please call the senior clerk on 07854170429.

The switchboard will open from 08:30 until 17:30

Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]

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