"Internet Law Book Reviews" Provided by - Rob Jerrard LLB LLM (London)
Books by Jordan Publishing
& Family Law 2016

Consumer and Trading Standards - Law and Practice
Edition: 4th
Format: Paperback
Author: Jonathan Kirk , Bryan Lewin
ISBN: 9781784731809
Publishers: Jordan Publishing
Price: 90
Publication Date: Nov 2015
 

Publisher's Title Information

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.
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 thefull range of the work undertaken by consumer lawyers and trading standardsofficers 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.
 

What's new?

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

Contents

 
Covers the law in England, Scotland, Wales and Northern Ireland.
Introduction
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

Preface

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

Forward

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

INTRODUCTION

The origins of Inspectors of Weights and Measures in the United Kingdom can be traced to Magna Carta.
 
Magna Carta Clause 35
'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.'
 
However, even before the 'consumerism' period which brought in the Trade Descriptions Act 1968, the Fair Trading Act 1973, the Consumer Credit Act 1974 and a host of similar legislative developments, the role of many local authority weights and measures departments had already been extended into administering a myriad of laws regulating such diverse areas as transactions in food, fertilisers, feeding stuffs and poisons.
 
Whilst modern-day trading standards services still have as their main objectives consumer protection and fair-trading the areas which they have become either obliged or expected to enforce have increased both in size and complexity.
 
Trading standards services and their employees are expected to be experts in (almost) everything. Copyright, trademarks and counterfeit goods investigations are now part of the staple diet of trading standards officers' work. The Consumer Protection from Unfair Trading Regulations 2008 ('CPUTR') have forced investigators and prosecutors to embrace both a legal language and jurisprudential approach which is new and unfamiliar to many. The reality is that the work of trading standards services now impacts on nearly all aspects of consumer and businesses daily lives.
 
Before the last century the predominant interest of weights and measures inspectors was largely to ensure that customers buying essentials were not cheated by unscrupulous merchants and latterly to ensure that dangerous goods were stored safely. For example, by the thirteenth century there were local Assizes of Bread and Ale who inspected the quality and quantity of these common items.
 
Bread had to be weighed against the King's Standard pound and if a brewer or baker was found to have given a short measure they could be fined, put in the pillory or flogged. Bread was such an essential item of the British diet that its price was controlled from the twelfth century until 1815.
 
An important function of inspectors was to ensure that scales used by merchants were accurate. For example the Weights and Measures Act 1889 legislated that every scale used for selling in trade had to be stamped and verified. However, there was still great inconsistency in practice because of local custom and inspectors found it difficult to enforce standard measures when faced with a local unit. For example the 'Scotch pint' of milk was actually half a gallon.
 
In the early twentieth century, inspectors spent a considerable amount of time lobbying the government to legislate against the practice of merchants including the wrapper in the weight of packets of tea for example. Some commentators have noted that it was estimated in 1908 that some 1million was spent buying paper rather than tea. In the second part of the twentieth century a perennial problem was the practice of 'clocking' second hand cars by dishonest second-hand car traders and numerous prosecutions were brought against such traders. The fraudulent practice has been reduced by the DVLA compiling data of mileage of cars on a transfer of ownership but regrettably still continues today.
 
However, following the United Kingdom's entry into the European Economic Community in 1973 and a greater government desire to give protection to consumers from the 1970s, the Trading Standards Department of a local authority must now consider a plethora of legislation . For example, it will have responsibility for enforcing under the Consumer Credit Act 2006, Copyright Designs and Patents Act 1988, Explosives Act 1875 and the Hallmarking Act 1973.
 
The increased regulation faced by businesses small and large caused concern within the business community and there was extensive press commentary about how the burdens of red tape were causing a drag on enterprise. This fed into the political process and resulted in the Regulatory Enforcement and Sanctions Act 2008 which had the objective of ensuring that sanctions sought against business were proportionate to the offence committed and sought to provide consistency of decision making by the Primary Authority scheme, which is of considerable importance and discussed in greater detail below.
 
The list of legislation designed to protect consumers seems to grow at a European and national level on a daily basis and the tide, at present, seems to suggest that the speed of change will not abate in the foreseeable future.

Reviews

"has rapidly established itself as the comprehensive handbook on Trading Standards Law and Practice ... an essential guide" Robert Chantry-Price, MA, MBA, MSc, CQP, FCQI, CTSP, MCTSI
 
Reviews 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" 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


Deprivation of Liberty, A Handbook
Edition: 1st
Authors: Authors/Editors: Her Honour Nazreen Pearce, District Judge Sue Jackson
ISBN: 978 1 78473 011 6
Publishers: Jordan Publishing
Price: 50
Publication Date: October 2015
 
Publisher's Title Information


Provides professionals at all levels with a concise handbook, offering an easily accessible guide to the practice and procedure to be followed in deprivation of liberty cases.
 
With the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances, where there is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty.
 
The Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent case-law clearly demonstrates that the professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions/Art 5 rights, and the balance which has to be struck between responsible action to protect an individual's interests and the preservation of his liberty.
 
This title provides professionals at all levels with a concise handbook, offering an easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection) and setting out all the relevant statutory material specific to deprivation of liberty.

Contents

Introduction
What is Deprivation of Liberty?
The Deprivation of Liberty Safeguards - The Schedule A1 Regime for Authorisation
Judicial Authorisation of Deprivation of Liberty
Urgent Authorisation of Restraint/Detention
P's Status and Involvement in Proceedings and Decisions
Appendices

Preface

'1 Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants
4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5 Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.'
(Art 5, European Convention for the Protection of Human Rights and Fundamental Freedoms)
 
The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) was incorporated into UK law in October 2000. The government of the day was justly proud of the rights it enshrined. However, for those lacking capacity to make decisions for themselves, no framework was available for the right to liberty to be upheld when cared for by the State. As a consequence, the UK government was criticised in the leading case of R v Bournewood Community Mental Health NHS Trust ex parte L (Secretary of State for Health and others intervening) [1998] 3 All ER 289 HL cited on appeal to ECtHR as HL v United Kingdom (Bournewood) [2004] 40 EHRR 761. The government attempted to bridge the gaps highlighted by ECtHR by amendments to the Mental Capacity Act 2005 which provided an administrative regime of deprivation of liberty safeguards to authorise and review care provided to those in residential/hospital accommodation. The new regime was deficient in two important areas because it failed to give a definition of what might amount to a deprivation of liberty and because it provided no protection for those who were provided with services by the State outside the residential sector, but where the services were such that they amounted to a deprivation of liberty.
 
In P v Cheshire West and Chester County Council and Another; P and Q v Surrey County Council [2013] UKSC 19, [2014] COPLR 313, SC (referred to as Cheshire West andMIG and MEG) the Supreme Court addressed these issues by devising a test for when there may be a deprivation of liberty and confirming that a whole range of provision by the State from high-end secure residential care to domiciliary packages of support can operate as a deprivation of liberty for which safeguards need to be in place. In consequence of this decision various attempts have been made to provide a procedure for the wide range of situations that now come within the test suggested by the Supreme Court in the Cheshire West case, including rule changes, and the validity of the test has been criticised. Whilst jurists, academician, lawyers, judges and the Law Commission argue about how best to protect the most vulnerable in our society within the framework of the European Convention the reality is that, in the absence of a statutory framework for anything other than residential care, the responsibility for safeguarding liberty lies with the Court of Protection
 
This Handbook is therefore designed to assist legal, medical and social work practitioners to navigate the law, practice and procedure as it currently stands relating to this sensitive and complex area, so as to provide the best possible protection for some of the most vulnerable in society.

Nasreen Pearce
Sue Jackson
September 2015


Local Authority Liability
With a Foreword by The Rt Hon Lord Toulson
Edition: 6th
Format: Hardback
Author: John Morrell, Solicitor
His Honour Judge Richard Foster
ISBN: 9 781784 731007
Publishers: Jordan Publishing
Price: 90
Publication Date: Nov 2015
 
Publisher's Title Information

This well-established and popular work provides a comprehensive survey of the legal liabilities of local authorities, written by a team of specialists in local authority liability claims.
 
It comprises an invaluable overview of the nature and extent of the liability of local authorities, together with specialist chapters on the core areas of activity including education, social services, occupier's liability, employer's liability, highways, environmental damage and trees.
 
This new edition has been extensively revised and updated to take account of the latest developments, including:
The extent of the common law duty of care owed by police to victims of crime and duties under the Human Rights Act 1998 (Michael v Chief Constable of South Wales Police), and the duty of care owed by local authorities where performing statutory powers (Furnell v Flaherty)
Vicarious liability in abuse cases (JGE v Trustees of Portsmouth RC Diocesan Trust) and whether local authorities owe a non-delegable duty of care to children in foster care (NA v Nottinghamshire County Council)
The development of the non-delegable duty owed by schools (Woodland v Essex County Council) and the duty of schools for activities away from school (Wilkins-Shaw v Fuller)
The requirement of notice of disrepair in cases of statutory covenants (Edwards v Kumarasamy) and various cases on the duty owed by occupiers and those running activities
Coverage of various cases on the Workplace Regulations and the implication of section 69 of the Enterprise and Regulatory Reform Act2013
The latest case-law dealing with the duty to maintain and statutory defence under sections 41 and 58 of the Highways Act 1980 (TR v Devon County Council and various cases)
The measured duty of care in cases of natural nuisance (Vernon Knight Associates v Cornwall CC and various cases)
Foreseeability in cases of tree root subsidence (Berent v Family Mosaic Housing, Robbins v LB Bexley, Khan v Harrow Council)
Local Authority Liability is essential reading for all lawyers dealing with general common law and public sector claims, local authority risk managers and insurance industry professionals dealing with the public sector.

Reviews

an indispensable component of every local authority law library" New LawJournal

Local Authority Liability is essential reading. As well as being updated since the last edition it covers all the well known historical cases so loved by Examiners, viz, Hedley Bryne -v- Heller Partners (1963), Dorset Yacht Co Ltd -v-Home Office (1970), Hill -v-The Chief Constable of West Yorkshire (1989) and Rylands -v-Fletcher (1866) to name just a few. No Local Authority can fail to have a copy of this available.

Rob Jerrard

For more information follow the link Local Authority Liability.


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