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Search Results for: Consumer Protection Act 1987 27
Snape v Mulvenna: QBD 28 Dec 1994
An employee must answer questions which were raised by a Trading Standards Officer making enquiries. Citations: Times 28-Dec-1994 Statutes: Consumer Protection Act 1987 27 Jurisdiction: England and Wales Consumer Updated: 15 May 2022; Ref: scu.89356
Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999
The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a ‘suspension notice’ prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council … Continue reading Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999
Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008
The claimant sought damages from an electrical engineers after their house burned down. They said that wiring supplying electric to the house was faulty and had caused the fire. Five boisterous bullocks had bumped into a pole supporting the wire, and the fire broke out. The arrangements to support the cable had been reduced by … Continue reading Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008
Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar: CA 11 Feb 2005
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company for ultimate net loss, and then had re-insurance with Centre Reinsurance. Ultimate net loss meant all sums paid out less … Continue reading Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar: CA 11 Feb 2005
Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002
The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area. Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of … Continue reading Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002
Worsley v Tambrands Ltd: CA 3 Dec 1999
The claimant sought damages following injury after the use of tampons. The matters were all defended. The judge, in an attempt to restrict the costs, agreed to hear a preliminary issue as to the adequacy of the warnings given. Held: Such decisions should only be interfered with where clearly wrong, but in this case, the … Continue reading Worsley v Tambrands Ltd: CA 3 Dec 1999
Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993
The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information … Continue reading Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993
Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017
The claimant was riding a motorcycle constructed by the appellant. The front brakes seized, and he was badly injured. KTM now challenged a finding that the galvanic corrosion which led to the seizure was a fault within the 1987 Act. Held: The appeal failed. The recorder had identified the relevant issues and the evidence before … Continue reading Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017
Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
No Pattern Established to Patent Computer Systems The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was taking a different approach to the … Continue reading Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
Regina v Secretary of State for Health, ex parte United States Tobacco International Inc: CA 1991
The applicant company produced oral snuff. It had opened a factory in the United Kingdom after the Government, on advice, had negotiated an agreement with it to restrict the marketing of the product. The committee, basing itself not on new evidence but on a changed evaluation of the existing evidence, subsequently advised the Secretary of … Continue reading Regina v Secretary of State for Health, ex parte United States Tobacco International Inc: CA 1991
Stewart v Perth and Kinross Council: HL 1 Apr 2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
