Butterworths Trading and Consumer Law

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Commentary

Source Currency: Issue 149, November 2025. In this Issue, Issue 149. There has been general updating of the work. Of particular note are the following: Division 1 Amendments to the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 (SI 2004/1517) by the Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2025 (SI 2025/220) have been inserted where applicable. Recognition of AITO (The Association of Independent Tour Operators) as a body approved for bonding under the Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634) is noted. Amendments to the Financial Services (Distance Marketing) Regulations 2004 (SI 2004/2095) by the Financial Services and Markets Act 2000 (Regulated Activities etc) (Amendment) Order 2025 (SI 2025/859) have been inserted where applicable. Amendments to the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) by the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (SI 2025/82) have also been inserted. There has been updating regarding the Codes of Practice that are approved under the Charted Trading Standards Institute Approved Code Scheme. Enviraz (Scotland) v Vasey [2025] SC GLA 64 discusses and applies the right to a price reduction in s.56 of the Consumer Protection Act 2015. Division 1A The revised Guidance for traders on pricing practices, published by the Chartered Trading Standards Institute in August 2025, has been inserted, together with information about new and draft guidance issued by the Competition and Markets Authority regarding unfair commercial practices. Division 2 Prospective amendments to the Price Marking Order 2004 (SI 2004/102) by the delayed Price Marking (Amendment) Order 2024 (SI 2024/1055), as amended by the Price Marking (Amendment) Order 2025 (SI 2025/592), have been inserted. The prospective repeal of Part 4 of the Consumer Protection Act 1987 by the Product Regulation and Metrology Act 2025, is noted. Division 4 Discussion of Hopcraft v Close Brothers Limited, Johnson v FirstRand Bank Limited (London Branch) and Wrench v FirstRand Bank Limited (London Branch) [2025] UKSC 33 (on undisclosed, or partially disclosed, commissions paid to car dealers by lenders who financed the purchase of cars from these dealers by customers).

Contributors

Clare L Forbes BA (Consumer Protection), DTS Consumer Law Consultant, Tutor CTSI Consumer Protection Competency Framework  Author
 Cowan Ervine BA, LLB (Dub), LLM (Lon), Honorary Teaching Fellow in Law at the University of Dundee Author
 Deborah Parry MBE, BA (LAW), Consumer Law Consultant and Lecturer, Honorary Fellow in Law at the University of Hull Author