Podcast Location:
Download it here [file size: 24.7 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. Continuing from the introduction to the general principles set out in Part 1, this podcast addresses the concept of professional diligence which a trader is expected to undertake when dealing with a consumer and then goes on to consider the remaining prohibited acts of of misleading or aggressive commercial practices as well as enforcement of the regulations.

Outcomes:
After completing the course you will:
  • Understand what a trader needs to demonstrate to show they have conducted themselves with professional diligence when dealing with consumers;
  • Understand when a trader’s activities will be considered misleading;
  • Be aware of the interaction between the Regulations and the law on misrepresentation;
  • Understand what is meant by an ‘aggressive’ commercial practice;
  • Understand what practical consequences might arise for a trader who has breached the regulations.
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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