Introduction

Part 5 concentrates on those aspects of the criminal law which provide the framework to the everyday trading environment. In practice, criminal law plays an important, but often under-valued, role in trading matters. The tendency is to concentrate on civil law controls and remedies for matters such as breaches of sale of goods and product liability without addressing the role that compliance with criminal law can play in preventing incidents arising. This part seeks to redress that balance somewhat.

Part 5 is divided into three chapters. The first deals with the policy that lies behind the repeal and amendment of so much of the pre-existing criminal trading law. Particular reference is made to the role that the European Union has played through the Unfair Commercial Practices Directive, which resulted in the passage of two sets of Regulations, the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. The first chapter continues by looking at the offences created by the Regulations and the available defences thereto, most notably the due diligence defence.