Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what legal redress is available to victims of rogue traders where alleged misconduct spans multiple jurisdictions in (a) England and (b) Northern Ireland.
A range of legal redress options are available to those who consider they have fallen victim to rogue traders, including both civil and criminal justice remedies. Citizens Advice provide help and information on consumer rights in England and Wales (and equivalent agencies in Northern Ireland) as well as being able to refer individuals to partner consumer organisations for additional help or enforcement, such as Trading Standards.
Civil claims for the recovery of assets or compensation may be pursued under consumer rights legislation, much of which applies across the United Kingdom. Claims are generally brought in whichever jurisdiction the defendant is domiciled, although the court will determine whether it, or the courts of another jurisdiction, is the more appropriate forum to hear the dispute between the parties.
Consumers have rights to redress for misleading actions under the Digital Markets, Competition and Consumers (DMCC) Act 2024. Redress includes the right to unwind the contract, claim a discount and claim damages. Further, the DMCC Act makes provisions for enforcers and courts to include enhanced consumer measures in undertakings and enforcement orders. This includes compensation or other redress to consumers who have suffered loss as a result of certain breaches of consumer law.
Criminal justice remedies may also be applicable, such as offences under the Fraud Act 2006 (for example fraud by false representation) and should be reported to the police.