Consumer Protection from Unfair Trading Regulations 2008

Manxman_in_exile

The OP can't(?) mean criminal libel - nobody knows what criminal libel is any more!  I did my law degree in 1976 - 79 and the only reference we ever had to it was "There's also something called criminal libel - but you'll never need to know anything about that".

I'm amazed it was abolished as late as 2010.  I'd be surprised if there were any cases throughout the 20th century let alone the 1980s.

waamo

Manxman_in_exile said:

The OP can't(?) mean criminal libel - nobody knows what criminal libel is any more!  I did my law degree in 1976 - 79 and the only reference we ever had to it was "There's also something called criminal libel - but you'll never need to know anything about that".

I'm amazed it was abolished as late as 2010.  I'd be surprised if there were any cases throughout the 20th century let alone the 1980s.

I've had a look on BAILII and it shows absolutely nothing. The legislation is there but I can't find any cases.

Manxman_in_exile

My interest being piqued I have just checked my 40+ years-old copy of Smith & Hogan on criminal law to see what they said then about criminal libel.  They devote two out of 800 pages to it and describe it as exceedingly rare and a prosecution not encouraged by the courts.

They class it under offences against public order and say that it has to be an extremely serious libel, which "...tends to vilify a man and bring him into hatred contempt and ridicule..." as opposed to the less stringent test for the civil tort of libel, which "... tends to lower the plaintiff in the estimation of right-thinking members of society generally."  (Good old right-thinking people!)

Apparently, criminal libel was discussed in the 1977 judgment in Goldsmith -v- Pressdram, which I assume was another Private Eye case.  I say "discussed" as I can't be bothered checking whether that was just a straightforward libel case at this time of night.  I didn't think it was a criminal libel case.

EDIT:  According to Wiki the Goldsmith -v- Private Eye was(?) partially a criminal libel case, but it was settled.

DoaM

Most people will be more aware of Arkell -v- Pressdram

brianposter

Manxman_in_exile said:

Several posters - rather politely - tried to point out your error to you by explaining the difference between criminal and civil courts - which it would seem you still fail to grasp.

Having spent some time involved in a rather peculiar conversation with Trading Standards it would seem that those several posters have simply got things wrong. There is nothing which prevents a claimant going direct to the Civil Court to make a claim under the Consumer Protection regulations.

waamo

brianposter said:

Manxman_in_exile said:

Several posters - rather politely - tried to point out your error to you by explaining the difference between criminal and civil courts - which it would seem you still fail to grasp.

Having spent some time involved in a rather peculiar conversation with Trading Standards it would seem that those several posters have simply got things wrong. There is nothing which prevents a claimant going direct to the Civil Court to make a claim under the Consumer Protection regulations.

Go ahead then and let us know how you get on. 

George_Michael

brianposter said:

Having spent some time involved in a rather peculiar conversation with Trading Standards 

You spoke to Trading Standards?
When acting as a consumer, most mere mortals can only get to speak to Citizens advice.

As to taking civil action for a breach of the regulations in question.
yes, this can be done but not by the public. Action of this type can only be brought to court by certain public bodies and it does not allow for any compensation or damages to be paid.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/284442/oft1008.pdf

Civil enforcement 11.16
Enforcers may take civil enforcement action in respect of any breach of the CPRs as Community Infringements (breaches of EU-derived legislation) under Part 8 of the Enterprise Act 2002. Currently, a number of bodies, including the OFT and TSS can take enforcement action in this way.
11.17 Under this procedure, enforcers may apply to a court for an enforcement order to prevent Community or domestic infringements. Breach of an enforcement order could be contempt of court which could lead to up to two years imprisonment and/or an unlimited fine

KeithP

brianposter said:

Having spent some time involved in a rather peculiar conversation with Trading Standards it would seem that those several posters have simply got things wrong. There is nothing which prevents a claimant going direct to the Civil Court to make a claim under the Consumer Protection regulations.

Of course there is always the possibility that Trading Standards have either:

a) got it wrong, or

b) misunderstood your explanation of the issue.

But well done on getting a conversation with Trading Standards. They usually hide behind a CAB barrier.

The_Rainmaker

Is this thread in the running for strangest thread of the year?

unholyangel

The_Rainmaker said:

Is this thread in the running for strangest thread of the year?

Believe it or not, this doesn't even come close.