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9789351437505
343.41071
AND.E
Enforcement of consumer rights and protections
Andrews , Claire
LexisNexis
2016
London
cxxii, 1227 pages
Contents
Machine generated contents note: ch. 1 The Character Of Consumer Protection, Rights And Regulatory Controls
Introduction
Rights, Protections And Enforcement
Regulation
Regulation Overview
The UK Better Regulation Agenda
The EU Better Regulation Agenda
Consumer Law And Devolved Powers
Legal Basis For Consumer Protection Legislation
Competences
Policies And Measures
Shared Competencies And Enforcement
Europe 2020
Who Is A Consumer?
The Actual Consumer
The Vulnerable Consumer
The Reasonable Man
Range Of Interventions To Protect Consumers
The Consumer And The Internet
What Is The Internet Of Things?
Problems Of The Internet
Digital Agenda
The Digital Agenda For Europe
The Digital Economy In The UK
Problems Of Classification And Borderlines
ch. 2 Sources And Influences On Consumer Law
Sources Of European Consumer Law
Regulations, Directives And Decisions
Contents note continued: Delegated And Implementing Legislation And Comitology
Other EU Actions With Indirect Legal Effect (Soft Law)
Actions In The Court Of Justice
Annulment
Action For Failure To Act
Action For Damages For Non-Contractual Liability
Requests For A Preliminary Ruling
Actions For Failure To Comply With An Obligation (Infringement Proceedings)
Sources Of National Consumer Law
Direct Applicability Of Unimplemented EU Law
Acts Of Parliament
Delegated Legislation
Byelaws
Legislative Codes Of Practice
Court Decisions
Free Movement Of Goods And Consumer Regulation
Relevance Of Articles 34 To 36 TFEU To Enforcement
Maximum Harmonisation And Measures Permitting More Stringent National Law
Selling Arrangements
Justification And Public Interest
Standardisation
The Precautionary Principle And Free Movement Of Goods
Discrimination
Proportionality
Free Movement Of Services
Contents note continued: Movement Of Services Within The EU
The Common European Sales Law
Interpretation And Consumer Law
The Approach Of The European Court
National Interpretation Of EU Law
The English Approach To Interpretation
Summary
Dubious Penalisation
Conceptual Problems
The Explanatory Memorandum
ch. 3 Consumer Rights And Private Enforcement: General Measures
Consumer Rights And Protections And The Substantive Law
Consumers And The Law
Advantages And Disadvantages Of Private Enforcement
National Consumer Law Reform Programme
Impact Of Consumer Law Reform On Business
The Directive On Consumer Rights (DCR)
Harmonisation
Main Aims Of The DCR
Common European Sales Law (CESL)
The Importance Of Fair Trading
Fair Commercial Methods
Consumer Protection From Unfair Trading Regulations 2008 (As Amended)
Inertia Selling And Unsolicited Financial Services
Contents note continued: Privacy And Electronic Communications (EC Directive) Regulations 2003
Consumer Contracts (Information, Cancellation Rights, Performance And Remedies)
Consumer Contracts Regulations 2013
The Consumer Rights (Payment Surcharges) Regulations 2012
Financial Services (Distance Marketing) Regulations 2004
Unfair Relationships Under The Consumer Credit Act 1974
Duty To Act Fairly In All Financial Services Matters
Private Actions In Competition Law
Fair Trading And Secondary Ticketing
Other General Fair Trading Protections
Fair Contract Provisions And The Consumer Rights Act 2015
General Observations
The Structure Of The Consumer Rights Act
Unfair Terms In Contracts Made Before The Consumer Rights Act 2015
Contracts Made After 1 October 2015
Breach Of Statutory Duty And Negligence
Breach Of Statutory Duty
Negligence
Negligent Behaviour And Risk Aversion
Private Rights And Product Liability
Contents note continued: Product Safety And Product Liability
Causes Of Action And Defences
Who To Sue
ch. 4 Civil Litigation In Consumer Cases
Consumer Complaints And National Litigation
Consumer ADR
Conduct Required Before Commencing Litigation
Costs Implications Of Declining ADR
Small Claims
Money Claims Online
National Enforcement Of Civil Claims After Judgment
Managing Litigation Costs In Consumer Cases
Legal Aid
Conditional Fee Agreements (CFA)
Legal Expenses Insurance
Crowd-Funding
Litigation By Collectives Of Consumers
Claims Management
Cross-Border Litigation In Consumer Cases
Choice Of Law In Cross-Border Contracts
Choice Of Law Rules In Cross-Border Non-Contractual Arrangements
Jurisdiction
Documentation And Evidence
Enforceability Of Judgments
European Enforcement Orders
European Payment Orders
EU Small Claims Procedure
Consumer Debt
Assistance With Debt
Credit Reference Agencies
Contents note continued: Debt-Management
ch. 5 Consumer Contracts For Goods
Contract Provisions Relating To The Sale Of Goods
Directive 1999/44/EC And Directive 98/6/EC
The Consumer Rights Act 2015
Contracts For Sale Of Goods After Implementation Of The CRA
Guarantees And Extended Warranties
Guarantees
Extended Warranties
Price Marking
Directive 98/6/EC On Consumer Protection In The Indication Of The Prices Of Products Offered To Consumers Implemented In The UK By The Price Marking Order 2004
Some Goods In The Shopping Basket
Food
Alcohol
Cosmetics
Medical Devices
Medicinal Products
Electrical Items
Tobacco
ch. 6 Consumer Contracts And Digital Content
Contracts For Digital Content
Contracts For Digital Content And Table Of Rights And Remedies
The Rights Under The CRA In Relation To Digital Content
The Remedies For Breach Of A Term Relating To Digital Content
No Contracting Out
Contents note continued: Regulatory Enforcement
ch. 7 Over-arching provisions about services
Consumer Rights Act 2015
Before the CRA
After the CRA
Rights and Remedies in relation to a consumer contract to supply services
Regulatory Enforcement
The provision of Services Regulations 2009
The Services Directive
E-commerce
The Electronic Commerce Directive
Electronic Commerce (EC Directive) Regulations 2002
Payment services
The Payment Services Directive
Payment Services Regulations 2009
Electronic Money
Directive 2009/110/EC
Electronic Money Regulations 2011
ch. 8 Some Consumer Services Exemplified
Communications
Telephonic Communications: Universal Services, Citizens Rights And Roaming Charges
Postal Services
Travel
Package Tours
Other Transportation Protections For Consumers
Timeshare And Other Long-Term Holiday Contracts
Directive 2008/122/EC
Contents note continued: Timeshare, Holiday Products, Resale And Exchange Contracts Regulations 2010
Financial Services
Distance Marketing Of Financial Services
Consumer Credit
Private Civil Rights And Protections
Public Civil Enforcement
Additional Provisions About Credit And Store Cards
Mortgage Credit
Insurance
Pensions
Banking
Provision Of Utilities
Energy
Energy And Green Deal
Acquisition Of Real Property And Occupation Rights
Estate Agents
Lettings
House Building
ch. 9 Who's Who: Consumer And Food Standards Regulatory And Consumer Bodies
Changing Regulation
European Legislature, Executive And Regulatory Bodies
European Parliament
European Commission
Directorates General Of The Commission
Directorate General For Health And Food Safety (DG SANTE)
Directorate-General For Justice And Consumers (JUST)
Directorate General For Communications Networks, Content And Technology (DG connect)
Contents note continued: Directorate General For Competition (DG Competition)
Internal Market, Industry, Entrepreneurship And Smes (GROW)
Directorate General For Energy (DG ENER)
Directorate General For Mobility And Transport (MOVE)
Directorate-General For Economic And Financial Affairs (ECFIN)
Directorate General For Financial Stability, Financial Services And Capital Markets
European Consumer Bodies
ANEC
BEUC
European Self-Regulatory Bodies
The European Advertising Standards Alliance (EASA)
National Market Surveillance And Enforcement Bodies
CPC Enforcers
Market Surveillance
Government Departments
Bodies With General Consumer Responsibilities
Non Departmental Bodies And Sectoral Statutory Consumer Bodies
Bodies With Sectoral Responsibility: Financial Services And Banking
Bodies With Sectoral Responsibility: Food
Bodies With Sectoral Responsibility: Media And Communications
Contents note continued: Bodies With Sectoral Responsibility: Utilities (A) Energy
Bodies With Sectoral Responsibility: (B) Water
Bodies With Sectoral Responsibility: (C) Health
Bodies With Sectoral Responsibility: (D) Transport
Self-Regulation And Voluntary Regulation
Advertising And Communications
Local Government Market Surveillance And Enforcement Officers
Weights And Measures Authorities (Trading Standards Services)
Environmental Health Practitioners
Consumer Representative And Advice Bodies
Consumers International
ch. 10 Regulatory Co-Operation And Co-Ordination In Europe
Cross-Border Communications And The Commission
The European Consumer Agenda 2012-2014
Regulation On A Multi-Annual Consumer Programme
Regulation On Consumer Protection Co-Operation
Legislation Covered
Designated Enforcers And The Single Liaison Office
Minimum Investigatory And Enforcement Powers
Mutual Assistance
Contents note continued: Mutual Cooperation And Coordination
European Communication Tools Which Assist This Process
Market Surveillance Co-Operation On Products
Common Framework For The Marketing Of Products And For Market Surveillance
RAPEX
Other Cooperation And Coordination Regarding Surveillance Of Harmonised Products
Changes And Modernisation
Product Safety Enforcement Forum Of Europe (Prosafe)
Technical Standards And Regulations
Standards As A Tool For Harmonising The New Approach
The Problem Of Fragmentation
Increasing Use Of Standards
The New Legislative Framework/Free Movement Of Products Package
The 2012 Regulation
Conformity Assessment
European Co-Operation For Accreditation (EA)
Co-Operation On Controls On Food And Feed
Official Controls
RASFF
Medicinal And Other Products
Rapid Alerts Arising From Quality Defects In Medicinal Products
Rapid Alerts Relating To Medical Devices
Contents note continued: Other Rapid Alerts
Services
Internal Market Information System (IMI)
The European Community And Other Trading Nations
United States
China
Japan
International Consumer Protection And Enforcement Network (ICPEN)
Other European Communication Networks
ESMA And EBA
The European Insurance And Occupational Pensions Authority
Body Of European Regulators For Electronic Communications (BEREC)
Contact Network Of Spam Enforcement Authorities (CNSA)
Council Of European Energy Regulators (CEER) And The Agency For The Cooperation Of Energy Regulators (ACER)
ICSMS
Co-Ordination Of Market Surveillance And Control Bodies In The UK
National Market Surveillance Co-Ordination Committee (MSCC)
Product Safety Focus Group
National Trading Standards
ch. 11 National Application Of Market Surveillance, Conformity Assessment And Official Controls Of Products
Products
Harmonised Products
The Approach
Contents note continued: Essential Safety Requirements
Types Of Standards
EC Declaration Of Conformity And CE Marking
Technical Documentation
Classification Problems
Notified Bodies And Accreditation
Distributors And Importers
Enforcement
Safeguard Clauses
Powers Of Destruction
Redress
General Product Safety
The GPSD
Emergency Powers Of The Commission
Additional Market Surveillance
GPSR
Surveillance Obligations Of Participants In The Market
Communication Of Unsafety
Enforcement Principles
Risk Assessment And The Precautionary Principle
Enforcement Powers Under The GPSR
Changes Due To Occur After 2015
Food Imitations
Safety Of Goods
- Consumer Protection Act 1987
Prohibition Notices And Notice To Warn
Official Controls And Food Safety
Official Control Activities
Competent Authorities, Control Bodies And Official Laboratories
Contents note continued: ch. 12 Investigatory Powers
Investigatory Powers In Context
Schedule 5 Investigatory Powers
The Enforcers
Authority And Appointment To Investigate
Actions Without Authority
- Does It Matter?
Enforcer's Legislation
Information Powers In Schedule 5, Part 3
Power To Require The Production Of Information
Enforcement Of The Information Requirement
Limitations On Use Of Information Provided In Response To A Notice Under Paragraph 14
The Exercise Of General Powers By Domestic And EU Enforcers: Part 4 Of Schedule 5
Domestic Enforcers
EU Enforcers
Reasonable Suspicion
The General Powers
Test Purchasing
Observing Business Practices
Making Observations: Paragraph 22
Regulation Of Investigatory Powers Act 2000
Pace Code B
Code Of Practice Under The Protection Of Freedoms Act 2012
Powers Of Entry
Entry Without Warrant: Paragraph 23
Other Considerations
Contents note continued: Power To Enter Premises With Warrant: Paragraphs 32 And 33
Investigatory Powers Inside Premises
Criminal Procedure And Investigations Act 1996 S 23(1) And Code Of Practice
Power To Inspect Products Etc: Paragraph 25
Power To Test Equipment: Paragraph 26
Power To Require The Production Of Documents: Paragraph 27
Power To Seize And Detain Goods: Paragraph 28
Power To Seize Documents Required As Evidence, Paragraph 29
Power To Decommission Or Switch Off Fixed Installations: Paragraph 30
Power To Break Open Container Etc: Paragraph 31
Obstruction: Paragraph 36
Offence Of Purporting To Act As Officer: Paragraph 37
Protections For Defendants
Access To Seized Goods And Documents: Paragraph 38
Notice Of Testing: Paragraph 39
Appeals Against Detention Of Goods And Documents
Compensation: Paragraph 41
Area Enforcers
Civil Proceedings
Criminal Proceedings
Where Schedule 5 Does Not Apply
Contents note continued: Entry And Search
ch. 13 Administrative Authority And Notices
Introduction To This Chapter
Lope Of Administrative Authority
Local Authorities
Authorisation Of Officers
The Localism Act 2011
Other Express Statutory Powers
Rules Which Restrict The General Scope Of Powers
Administrative Notices, Orders Etc
Administrative Notices Etc, And Consultation
Availability Of Judicial Review Of Administrative Notices
Significance Of Advice Given By An Enforcement Officer
Challenges To Administrative Notices
The State Of Mind Of The Enforcer
Validity Of Notices
Rights Of Appeal
Withdrawal Of Notices
Offences Of Failing To Comply With A Notice
Service Of A Notice Does Not Preclude Prosecution
ch. 14 Regulatory Controls Of Enforcement Action
Common-Law And Court Controls On The Decision To Prosecute
Challenging Enforcement Action
Contents note continued: Challenging Enforcement Action In The Criminal Courts: Costs
Challenging Enforcement Action In The Criminal Courts: Abuse Of Process
Challenging Enforcement Action By Judicial Review
The Code For Crown Prosecutors
The Code
DPP's Statement Of Ethical Principles For The Public Prosecutor
Deregulation And Regulatory Reform
The Deregulation And Contracting Out Act 1994
The Regulatory Reform Act 2001
The Enforcement Concordat
The Legislative And Regulatory Reform Act 2006
The Act
The Regulators' Code
The Growth Duty
Enforcement Policies
The Regulatory Enforcement And Sanctions Act 2008
The Primary Authority Scheme
The Better Regulation Delivery Office
Primary Authority
The Referral Scheme
Inspection Planning
Development Of Primary Authority
The Small Business Appeals Champion
The Red Tape Challenge And Focus On Enforcement
ch. 15 Criminal Offences As Enforcement Tools
Contents note continued: Criminal Offences As Enforcement Tools
Prosecution Of Offences
Mens Rea, Strict Liability And Absolute Offences
The Offender: Rules Of Attribution
Liability Of An Employee
Liability Of A Corporate Body
Prosecutions Against Companies In Liquidation And Administration
Liability Of An Unincorporated Body Or Club
Partnerships
Joint Enterprises
Conspiracies
Secondary Offenders
The Magistrates Courts Act 1980
Statutory Bypass Provisions
Common Concepts In Consumer Protection Offences
Sale And Supply
Placing On The Marker
Mental Elements In Consumer Offences
Knowingly
Recklessly
Intentionally
Wilfully
Other Objective Concepts In Regulatory Offences
Without Reasonable Cause
Reasonable Practicability
Multiple Offences
Offences On The Same Facts
Continuing Offences
Time Limits
Duplicity
Notification Of The Cma
ch. 16 The Unfair Commercial Practices Directive
Contents note continued: The Unfair Commercial Practices Directive
An Innovative Measure
Scope Of The UCPD
Consumer Protection From Unfair Trading Regulations 2008
Key Definitions
Part 2 Of CPUT
Contravening The Requirements Of Professional Diligence
Offences Of Misleading Actions And Misleading Omissions
Misleading Price Indications
Aggressive Commercial Practices
The Schedule 1 Blacklist
Procedural Decisions And Sentencing
ch. 17 Defences And Other Procedural Protections
Types Of Defences
Rules Of Attribution
Due Diligence Defences
Strict Liability And Due Diligence
Burden And Standard Of Proof
Expert Evidence
Regulation 17 Of CPUT: The Factual Circumstances
Regulation 17 Of CPUT: All Due Diligence And All Reasonable Precautions
Pragmatic Considerations
Disclaimers And Qualifications
Notices To The Prosecutor
Retailer's Defences
Advertisers' Defences
Warranty Defences
Contents note continued: The Criminal Justice Act 2003 `Gateways'
ch. 18 Interim Remedies, Injunctions And The Enterprise Act 2002
Challenges To National Legislation And Interim Injunctions
Alleging Invalidity
Injunctions Against The Crown?
Injunctions To Enforce The Criminal Law
Who Can Sue To Enforce The Criminal Law?
Cross-Undertaking In Damages
Other Injunctive Powers
Part 8 Of The Enterprise Act 2002
The Injunctions Directive
Part 8 Enterprise Act 2002: Overview
Collective Interests Of Consumers
Domestic Infringement
Community Infringement
Enforcers
Consultation
Enforcement Orders And Undertakings
Further Proceedings
Evidence And Procedure
Enhanced Consumer Measures
Super Complaints Under The Enterprise Act 2002 (and The FSMA)
Investigation Under The Enterprise Act
Part 9 Of The Enterprise Act 2002
ch. 19 Regulatory Sentencing, Confiscation And Costs
Sentencing
Selection Of Charges
Contents note continued: Pleas Of Guilty
Basis Of Plea
Reduction In Sentence For Early Plea
The Criminal Justice Act 2003
Sentencing Guidelines
Cautions
Fines
Community sentences
Sentences of imprisonment
Absolute and conditional discharge
Compensation orders
Deprivation orders
Directors disqualification orders
Victim surcharge
Criminal costs charge
Confiscation
Costs
ch. 20 Consumer Advocacy, Consumer Codes, Advertising And Non-Statutory Regulation
Consumer Advocacy And Advice
Consumer Protection Partnership
Development Of The Role Of A Consumer Advocacy Body
Consumer Codes Approval Scheme
The Work Of The Oft Prior To 1 April 2013
CCAS Under The Chartered Trading Standards Institute
Buy With Confidence And Trusted Trader Schemes
Price Comparison Websites
The Ofgem Confidence Code
Ofcom Price Accreditation Scheme
Price Comparison And Payday Lending
Price Comparison And Motor Insurance
Contents note continued: `Scores On The Doors'
Control Of Advertising
Statutory Control Of Commercial Statements
The Advertising Standards Authority
ch. 21 Alternative Dispute Resolution And Consumer Redress
Types Of Alternative Dispute Resolution
Mediation
Arbitration
Adjudication
Expert Determination
Early Neutral Evaluation
Development Of EU Law On Resolution Techniques
The Recommended Principles
European Code Of Conduct For Mediators
Bodies Facilitating Access To Cross-Border Adr
European Consumer Centres
European Extra-judicial Network/The European Justice Forum
FIN-NET
SOLVIT
Econsumer.Gov
The Directive On Mediation
Directive 2008/52/EC Of The European Parliament And Of The Council Of 21 May 2008 On Certain Aspects Of Mediation In Civil And Commercial Matters
The Cross-Border Mediation (Eu Directive) Regulations 2011
The Directive On ADR And The Regulation On ODR
Directive On ADR
Contents note continued: The Regulation On ODR
National Implementation Of Alternative Dispute Resolution For Consumer Disputes
The Alternative Dispute Resolution For Consumer Disputes (Competent Authorities And Information) Regulations 2015
The Alternative Dispute Resolution For Consumer Disputes (Amendment) Regulations 2015
Delegation To The Chartered Trading Standards Institute
Consumers Estate Agents And Redress Act 2007, Part II
Complaints Handling And Redress Schemes
Water
Telecommunications
Consumer Redress Schemes
The Postal Redress Service: Postrsu
Water Redress Scheme: Watrs
Communications And Internet Services Adjudication Scheme: CISAS
ch. 22 Ombudsmen Schemes
The European Ombudsman
European Network Of Ombudsmen
Ombudsmen In The UK
The British And Irish Ombudsman Association
The Guide To The Principles Of Good Governance
The Principles Of Good Complaint Handling
Contents note continued: The Parliamentary And Health Service Ombudsman
The Local Government Ombudsman (LGO)
Financial Ombudsman Service (FOS)
Pensions Ombudsman
Private Sector Ombudsmen Performing A Prescribed Role
Ombudsman Services (Energy)
The Ombudsman Service (Communications)
Ombudsmen For Estate Agents
Legal Ombudsman
Private Ombudsman Schemes
Removals Industry Ombudsman
Furniture Ombudsman
Housing Ombudsman (HOS).
Consumer protection
Law and legislation
Great Britain.
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