ABSTRACT
In the first action of its kind in Scotland the Office of Fair Trading (OFT) petitioned the Court of Session for a number of interim enforcement orders under the Enterprise Act 2002 against the defenders, MB Designs Limited, a double glazing company, and its two directors. The petition was raised following evidence from the OFT as to the number and range of complaints received from members of the public. Lord Drummond Young's opinion begins with a summary of the relevant sections of Part 8 of the 2002 Act, entitled 'Enforcement of Certain Consumer Legislation'. Several additional points concerning the impact of the 2002 Act were commented upon by the Court and are worthy of note. The Act therefore gives considerable powers to the courts to respond to petitions concerning unfair trading by directing enforcement orders at the most appropriate person responsible, and provides an incentive for that person to comply thereafter.
