Leading Commercial Practices Cases under 2008 Unfair Trading Regulations

Jonathan Kirk QC, who joined Gough Square Chambers in 2011, and Jonathan Goulding appeared in a significant case on the Consumer Protection from Unfair Trading Regulations 2008 in R v X Ltd [2013] EWCA 818. The parties cannot be identified as the matter has been remitted for trial after a successful prosecution appeal against a submission of no case to answer. The decision does, however, give guidance on what can amount to a prima facie case on ‘unfair commercial practices’. Jonathan Goulding also acted in the first case in the Court of Appeal (Criminal Division) on the 2008 Regulations in R v Scottish and Southern Energy PLC [2012] CTLC 1 in relation to mis-selling of electricity supplies to a consumer (Iain MacDonald had appeared with him in the Crown Court successfully defending the salesperson). This was the first time that the Court of Appeal considered the key concepts of ‘commercial practice’ and ‘trader’.