Litigation in Lapland!

In the run up to Christmas last year, the much advertised 'Lapland' spectacular in the New Forest was closed down after only a few days of trading following thousands of customer complaints about the quality of the services.

The company directors of Lapland New Forest Ltd are now facing nine criminal charges of
engaging in a commercial practice which is a misleading action. They pleaded not guilty to the charges and the case has been adjourned until 22nd December.

The legal principles, however, are relevant to all businesses.

Don't mislead your customers!

Dorset County Council trading standards brought the case under the Consumer Protection from Unfair Trading Regulations 2008.

Trading Standards claim the average customer would have been misled by newspaper adverts, flyers and website information about what to expect at the attraction which related to the quality of activities at the site.  Such activities included the tunnel of light, which customers described as a 'string of fairy lights between the trees' and allegations that the extra charge for the use of the ice rink was not advertised.

It is likely that the Lapland Lords are falling fowl of one the main categories under the Consumer Protection from Unfair Trading Regulations ("Regulations");

"Misleading practices, like false or deceptive messages, or leaving out important information."

The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers).

There is also a general ban on conduct below a level which may be expected towards consumers (honest market practice/good faith). This is intended to act as a "safety net" protection for all consumers.

Have you been naughty or nice?

It's not just Santa you have to account to…..non compliance with the Regulations can have serious implications for any business who fall short of the guidelines on fair practices so make sure you're nice to your customers!

Have a fantastic holiday!