Podcast Location:
Download it here [file size: 25.5 MB]
Categories:
Corporate & Commercial Law
Banking and Financial Services
Consumer Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast mini-series is aimed at practitioners interested in the concept of ‘fairness’ as it applies to consumer law, financial services and commerce. It addresses the scope and purpose of the Regulations and outlines the key concepts that practitioners, consumers and traders must become familiar with such as ‘who the average consumer is. It also discusses the relevant thresholds in determining whether a commercial practice is unfair and what obligations there are on traders when marketing, selling and following up on the sale of a product or service to a consumer.

Outcomes:
After completing the course you will:
  • Understand the scope of the Consumer Protection from Unfair Trading Regulations (CPRs);
  • Understand the list of prohibited commercial practices;
  • Be aware of the indicative behaviour undertaken by traders which may lead to a suggestion that they have breached the regulations;
  • Understand the concept of ‘the average consumer’ and whether the doctrine of ‘caveat emptor’ is still relevant in the concept of consumer contracts;
  • Understand what is meant by professional diligence and what a consumer is entitled to expect of a trader.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Consumer Protection from Unfair Trading Regulations 2008 Regs 2, 3, 7, 8, 9, 10, 11, 20-23, Sch. 1;
  • Enterprise Act 2002 s215;
  • Unfair Terms in Consumer Contracts Regulations 1999;
  • Unfair Commercial Practices Directive (005/29/EC);
  • Consumer Credit Act 1974 s 25, 29, 32, 33A;
  • Guidance on the Implementation/Application of Directive 2005/29/EC on Unfair Commercial Practices (2 December 2009);
  • Office of Fair Trading v Abbey National & Ors [2009] UKSC 6 Guidance on the Consumer Protection from Unfair Trading Regulations (OFT 1008);
  • Office of Fair Trading v Purely Creative Ltd [2011] EWHC 106 (Ch);
  • Purely Creative Ltd v Office of Fair Trading [2011] EWCA Civ 920;
  • Office of Fair Trading v Ashbourne Management Services Ltd [2011] EWHC 1237 (Ch);
  • Payment Services Regulations 2009 Sch. 1;
  • Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Part II;
  • McGuffick v The Royal Bank of Scotland PLC [2009] EWHC 2386 (Comm).
Tags:

This podcast mini-series reviews the scope and purpose of the Consumer Protection from Unfair Trading Regulations 2008 in the context of fairness for consumers in the provision of financial services products. Part 1 deals with the scope and key definitions contained within the regulations and the key ‘black-listed’ commercial practices which are now prohibited. Part 2 deals with professional diligence, the prohibited commercial practices which mislead consumers or impair a customer’s ability to decide freely and issues surrounding enforcement.

Podcast added: 03/02/12

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