Citizens Advice response to Law Commission consultation which includes recommendations for new laws regarding ‘civil recovery’
12 April 2011
Gillian Guy, Chief Executive of Citizens Advice said: “We warmly welcome proposals, published today by the Law Commission, which seek to create a new law under which individuals can bring their own legal action against companies where they have been the victim of unfair commercial practice.
“We particularly welcome the Commission’s thorough consideration of how existing regulation applies to the growing retail practice of threatened ‘civil recovery’ - an issue on which we have been campaigning for two years* - and its recommendation that, to avoid any doubt, the practice should be covered by its proposed reform of consumer protection legislation.
“We are also delighted that the Law Commission has confirmed that there is no legal basis for ‘fixed sum’ demands** such as those demanded in every single alleged shoplifting related case we have examined.”
*See our reports Uncivil recovery, December 2010 and Unreasonable demands, December 2009
**Paragraph 3.33 (of Part 3) of ‘Reforming Consumer Redress for Misleading and Aggressive Practices’, Law Commission, April 2011
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