Book Review, by Stuart Coverley

Trading Standards Law and Practice by Benjamin Gumpert and Jonathan Kirk

This is a strongly bound book in a clear plastic cover; and so it should be for £80. At this price demand may be limited, mainly to Trading Standards Departments, but it is likely to be useful for a number of our member organisations and could be obtained through the library service. How does it differ from a consumer law textbook? It contains information about a much broader range of Statutes and Acts such as the Administration of Justice Act 1970, the Cinemas Act 1985, Business Names Act 1985 and those required to prosecute different trades.

There is an emphasis on the legislation affecting prices and misleading prices, and each section clearly states who can bring a prosecution as well as who can be prosecuted. Then there's a section on possible and specific offences under that Act. Of course the Weights & Measures Acts are well covered, as are age restricted sales. Besides a good index, each chapter is divided into numbered sections set out in an extended contents section at the beginning. There is also a table of cases referenced to the paragraphs where they are mentioned. Slightly confusing, the first 70 pages or so are in Latin numbers after which the 540 pages of text follow.

The preface was written in August 2001 so such recent matters as Stop Now Orders are included. These are limited to legislation supporting EU Regulations so can be defined as Community Infringements. This does limit their application but any qualified entity, including Trading Standards Departments and approved consumer bodies, can start proceedings. However, only the Office of Fair Trading can ask a court to make an order to compel the trader to refrain from carrying on that course of conduct.

Though this publication seems a little short on food legislation, it should prove a useful reference book to those taking out prosecutions and others wishing to clarify aspects of the law. A cheaper paperback edition is badly needed at a price suitable for the individual reader rather than just the specialist library.

published by Jordans at £80 (ISBN 0 85308 713 X)

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