[Solution]Topic: Commercial law – consumer protection under EU and UK

Knowledge and understanding demonstrate a comprehensive understanding and critical awareness of current issues or developments at the forefront of the chosen area of legal practice;…

Knowledge and understanding

demonstrate a comprehensive understanding and critical awareness of current issues or developments at the forefront of the chosen area of legal practice;
identify the complex legal issues involved in the chosen area of legal practice including relevant commercial and tactical factors.

 
Cognitive Skills

critically evaluate current research, commentary and practitioner analysis of the various elements forming the subject matter of the PPD;
reflect critically upon legal principles and practical context in the chosen area of legal practice;
display originality in application of knowledge based upon research and enquiry undertaken.

 
Practice Skills

demonstrate the ability to conduct and evaluate legal research in primary or practitioner sources;
demonstrate the ability to produce a report which communicates in a clear and concise manner and with appropriate professional style;
Demonstrate the ability to self-manage a research-type project from design to delivery

 
ASSESSMENT CRITERIA FOR THE DISSERTATION
 

Illustrates extensive background reading and research appropriate to the task.
Material wholly relevant to the task.
Illustrates a clear understanding of the interrelationship of different legal concepts, commercial considerations, integration of practitioner skills where appropriate, tactics and case-analysis, and contains strong critical and analytical evaluation of material using a wide variety of sources.
A degree of originality of thought is likely to be evident in relation to the analysis and reflection on the resolution of client’s needs and problems.
Excellently presented in terms of structure and professional style.

 
TITLE OF PROFESSIONAL PRACTICE DISSERTATION
Consumer Protection Cooperation Regulation (EU) 2017/2394 is implemented to provide extensive protection to consumers by derogating powers to national authorities in regards to investigation of online trading. To what extent will this aid in better enforcement of online consumer rights in UK following enforcement since June 2020. Whether any shortfalls needed to be addressed in order to harmonise the UK consumer protection with the EU Digital Marketing strategy. What alterations are required in legal and commercial advising for clients who are dealing with such matter.
FORMAT OF THE PROFESSIONAL PRACTICE DISSERTATION
 

It has to be made in report format including headings and sub-headings that are numbered accordingly – there should be title page, executive summary and report (headings)
It should also include table of content and bibliography
It is a professional practice dissertation and not academic, therefore should not be descriptive of the Regulations and related matters. Every aspect has to be evaluated and critically analysed with reference to how will it impact the legal, economic and/or commercial advice to clients dealing in such matters.
Not to be written in first person, eg no use of I, me and myself instead to show opinion use ‘it is believed’/ ‘it could be said’
Referencing method is OSCOLA (oxford footnote referencing)
Bibliography – Table of cases, table of legislation and secondary sources (books, articles, blogs) – all should be in alphabetical order and numbered.
The references in text and bibliography should include articles from westlaw and lexology, case law, law firm articles, government publications and newspaper articles.
Executive summary (conclusion to the report)
It should be written in Arial 12 with page number at the bottom of page in the centre and 1.5 line spacing (not needed for footnotes)
No use of entire name of cases in the text, it should be in footnotes. Use only the first name in the case to refer in text.
For Directives and Regulations, use the entire name of the regulation only once (in the title/in text) and use an abbreviation of it in text (eg Consumer Protection Cooperation Regulation (EU) 2017/2394 in title but in report use CPCR)
The report must fulfil the learning outcomes and assessment criteria stated above.
Whenever using any source in text always evaluate and critically analyse it.

 
What to be included in the report (Main headings – can be altered)
 

Overview of the Digital Single Market Strategy of EU and Cooperation of consumer protection over online platforms

Found under
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52015DC0192
https://ec.europa.eu/digital-single-market/en/content/european-digital-strategy

Consumer Protection Cooperation (CPC) and Brexit

Online platforms and illegal content and Brexit


 
 

Evaluation of the EU Regulation (title) and critical analysis – look for case law and reasoning behind this regulation (Westlaw articles)

 

Evaluation of its applicability in the UK and critical analysis – this regulation has come into force in the UK on 02 June 2020 – look for articles from law firms/ journal articles/ newspapers to critically analyse its impact in UK on consumer protection.

 

Impact of these regulations on legal and commercial advice given by lawyers to clients dealing in such matters also referring to what happens after Brexit

 
Law firm and other articles like:
https://www.dlapiper.com/en/uk/insights/publications/2020/05/how-to-deal-with-price-gouging-and-misleading-advertisements/
 
http://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DSTI/CP(2017)10/FINAL&docLanguage=En
 
https://www.lexology.com/library/detail.aspx?g=7b76244a-546e-42b9-9b4f-90167ef55878
 

Consumer Protection Cooperation Regulation strengthens cross-border consumer protection


 
Research more articles in regards to this and show how legal and commercial advice is impacted. Can also refer to some cases to show changes in legal advice.
 

Shortfalls in the Regulation and whether the changes bought by other regulations and directives are helpful in minimising those weaknesses

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