Consumer Legislation - Euro-trial

Consumer legislation in this country is designed to protect the general public against not only rogue traders but also respectable and well-established retail businesses. By way of example, Asda have recently been fighting a battle in the courts all the way to the House of Lords. The firm's Fareham branch had been prosecuted for selling a range of sub-standard products under the Agriculture and Horticulture Act 1964 as modified. In effect, the legislation requires compliance with EU quality and grading standards. Interestingly, Asda argued that the British legislation had not properly adopted the EU rules and therefore they had not been incorporated within English law. Although the courts sympathised with the view of the Asda lawyers both at first instance and on appeal, the House of Lords allowed DEFRA's appeal and Asda will have to return to the Magistrates' Court for trial. It needs to be emphasised, of course, that the House of Lords has made no judgement as to the allegations but simply confirmed that the matter is properly brought before the court in accordance with English law.