Court of Appeal considers duty to supply information under Consumer Protection from Unfair Trading Regulations 2008

The Court of Appeal has considered as a preliminary issue in winding-up proceedings whether or not a failure to disclose information to a consumer amounts to a misleading omission under Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008. The court held that this was a question of fact which could only be decided after a consideration of all the evidence at trial, and not as a preliminary issue. However, the judgment includes a number of obiter observations about the approach to be taken in this sort of case. (The Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Limited [2015] EWCA Civ 76)