What’s the difference?

There are two main areas of law:  

Criminal Law defines what constitutes a criminal offence.  For example, if a trader engages in a misleading practice or sells counterfeit goods, they may commit a criminal offence. By committing a criminal offence the trader runs the risk of prosecution, subject to our enforcement policy.  Trading Standards officers enforce breaches of most criminal consumer law.

Civil Law describes the responsibilities we all have towards one another.  

A common example of civil law is the law relating to Contract i.e. a legally binding agreement between two parties to do something or provide goods, usually in exchange for money. The most frequent consumer contracts are when we buy goods or services.  For example, if you ask a trader to install some windows and he does a bad job, he may well be in breach of contract.  He has not committed a criminal offence but the law would require that he remedy the situation.  If he does not do so, you can take action against the trader for compensation in the civil courts. Citizens Advice Consumer Service can provide advice on how to do this and what you could do in order to try and resolve a dispute. You can contact Citizens Advice Consumer Service on 08454 040506.

Trading Standards officers cannot normally investigate individual cases of breach of contract, where there is no criminal offence.  Anyone who wishes to enforce a civil law obligation must take action themselves through the civil court system.  

However if there is a trader who consistently ignores civil law obligations e.g. always refuses to give a refund even when it is clear the customer is in the right, Trading Standards officers may be able to take some action. We have powers under the Enterprise Act 2002 to obtain an undertaking from a business or anyone running a business, requiring them to stop such activity. If they break such an undertaking, action can be taken against them.  Because of this, Trading Standards officers monitor all consumer complaints we receive both directly and through the advice service Citizens Advice Consumer Service.

Another common example of civil law is The Law of Tort which relates to the duty of care members of the public have towards each other.  If a person causes harm to another, through their own negligence, they may be liable to pay damages arising from that harm. For example, a motor vehicle collision, where one person’s negligence causes damage to property or injury to another.

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