Citations: [2004] EWHC 112 (Admin) Links: Bailii Statutes: Trade Descriptions Act 1968 1(1)(A) Jurisdiction: England and Wales Consumer, Crime Updated: 09 June 2022; Ref: scu.192343
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Citations: [2004] EWHC 3119 (Admin) Links: Bailii Statutes: Trade Descriptions Act 1968 Jurisdiction: England and Wales Consumer, Crime Updated: 12 December 2022; Ref: scu.226930
The defendant advertised in a motor trade journal, to sell a vehicle, which was ‘in first class condition throughout.’ In the same advertisement was the reference to it being of ’12 yard’ capacity.’ The Act applied differently according to whether a vehicle had been supplied when the contract was made or only upon subsequent delivery. … Continue reading Rees v Munday: QBD 1974
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
Appeal from conviction on two counts of supplying goods with a false trade description contrary to section 1(1)(b) of the Trade Descriptions Act 1968 Citations: [2004] EWCA Crim 2831 Links: Bailii Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.406618
If a salesman in a shop makes representations to say that he could supply goods identical to a sort described, the description becomes attached to the goods delivered for the purposes of the Act, and if it is false, it is a false description. The first information alleged that the Appellants applied a false description … Continue reading Cavendish Woodhouse Ltd v Wright: 8 Mar 1985
Citations: [2010] EWCA Crim 2406, [2011] 1 WLR 1086, [2011] Lloyd’s Rep FC 36, [2011] Crim LR 164 Links: Bailii Statutes: Trade Descriptions Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 November 2022; Ref: scu.425558
The defendant brought a case stated in its defence of allegations under the 1968 Act arising from the sale of a Fiat Punto. It was said to have advertised ‘Drive away a new Fiat Punto for a certain price. The car offered was pre-registered. The only effect was the loss of two month’s warranty. Held: … Continue reading Decidebloom Ltd (T/A Stoneacre Motor Group) v Tameside Metropolitan Borough Council: Admn 10 Dec 2008
The offence committed by an estate agent of erecting ‘House Sold’ signs outside house in which it had had no instructions, was the offence of giving a false indication that services were supplied. The offence was commercial, and the penalty should be judged accordingly. The offence was unsightly, was for commercial gain, and to the … Continue reading Regina v Docklands Estates Ltd: CACD 22 Sep 2000
A false trades description indictment is to particularise the allegation and the offence. Citations: Times 02-Mar-1995 Statutes: Trade Descriptions Act 1968 14 Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.87549
The defendant appealed against his convictions after selling cattle without eartags and failing to give proper notifications of cattle movements. Judges: Toulson LJ, Maddison, Hickinbottom JJ Citations: [2010] EWCA Crim 2270 Links: Bailii Statutes: Cattle Identification Regulations 1998 (1998 SI No 871), Cattle Database Regulations 1998 (1998 SI No 1796) 5(1), Trade Descriptions Act 1968 … Continue reading Dorset County Council v House: CACD 13 Oct 2010
A prosecutor for the purposes of the Trade Descriptions Act was the council and not an individual employee. Judges: Leveson LJ, Sweeney J Citations: [2009] EWHC 489 (Admin) Links: Bailii Statutes: Trade Descriptions Act 1968 Jurisdiction: England and Wales Cited by: Distinguished – Riley and Others v Crown Prosecution Service Admn 18-Oct-2016 The defendants appealed … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court and Another: Admn 16 Mar 2009
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact not law. The company sought judicial review for mandamus to require … Continue reading Sunworld Limited v Hammersmith and Fulham London Borough Council: QBD 2000
The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes. Judges: Brooke LJ, May LJ, Laws LJ Citations: [1999] EWCA Civ 2049 Links: Bailii Statutes: Trade Descriptions Act 1968 1, Unsolicited Goods and Services Act 1971 2, Business Names Act 1985 4 Jurisdiction: England and Wales Consumer, … Continue reading London Borough of Barking and Dagenham v David Jones: CA 30 Jul 1999
Citations: [1998] EWHC Admin 456 Links: Bailii Statutes: Trade Descriptions Act 1968 14(1)(b) Consumer Updated: 27 May 2022; Ref: scu.138577
Judges: Swinton Thomas LJ, Gage J Citations: [1998] EWHC Admin 286 Links: Bailii Statutes: Trade Descriptions Act 1968 14 Consumer, Crime Updated: 27 May 2022; Ref: scu.138407
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant on four informations alleging an unlawful supply of goods. The defendant had tendered successfully to a … Continue reading Shropshire County Council (David Walker) v Simon Dudley Limited: Admn 17 Dec 1996
Mann J said: ‘The most that could be said for the respondent is that the members of this class [those ruling the company], although establishing a system, failed to establish a system which would have prevented the mistake which occurred. That failure cannot, in our judgment, constitute ‘recklessness’. There may be cases where the system … Continue reading Wings Ltd v Ellis: QBD 1984
Where a car dealer had falsified the odometer on a car he was selling, a disclaimer as to the car’s mileage was ineffective to provide a defence under the 1968 Act. Citations: Times 01-Jul-1987, [1987] 1 WLR 1361 Statutes: Trade Descriptions Act 1968 Jurisdiction: England and Wales Citing: Approved – Norman v Bennett 1974 The … Continue reading Regina v Southwood: CACD 1 Jul 1987
The alleged false trade description was that a car supplied to a garage was ‘new’, as ordered from Fords. Held: (Appeal allowed on other grounds) The effect of the order was that Parkway was seeking the supply from Fords of a ‘new vehicle’. The car that was supplied had in fact earlier been damaged whilst … Continue reading Regina v Ford Motor Company Limited: QBD 1974
The defendant carried on a car hire business as opposed to the business of a motor car vendor or dealer. He had a fleet of twenty-four cars and made a regular practice of selling his hire cars when he had had them for about two years or when the condition of a particular vehicle warranted … Continue reading Havering London Borough Council v Stevenson: 1970
The justices had come to the conclusion that reasonable precautions had been taken by the shopkeeper, and therefore that the defence in section 24 was made out. Held: Lord Widgery CJ said: ‘Accordingly, it seems to me that the proper disposal of this case is to observe that the justices with some evidence of reasonable … Continue reading Naish v Gore: QBD 1971
A local County Council asked for tenders for meat. It specified the maximum depth of subcutaneous fat of pork. A school cook ordered pork without making any reference to the depth of the fat. A quantity of pork was thereafter delivered. The pork did not meet the specifications. The Appellant meat suppliers were convicted of … Continue reading Louis C Edwards (Manchester) Limited v Charles Miller: CA 1981
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
Citations: [1972] 1 WLR 1593 Statutes: Trade Descriptions Act 1968 14(1) Jurisdiction: England and Wales Cited by: Cited – Shropshire County Council (David Walker) v Simon Dudley Limited Admn 17-Dec-1996 A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil … Continue reading Beckett v Cohen: QBD 1972
The prosecutor appealed against dismissal of his claim that the defendants had sold kits advertised to contain 100 pieces, when they said the pack contained only 61 pieces usable seperately. The defendants ponted to 100 pieces, of which 39 were not tools as such. The parties disputed the case as stated, but had not resolved … Continue reading Lewin v Truebell Plc: Admn 24 Mar 1997
A return of a serviced car to its owner by a garage is a supply of goods (not merely services) within the section, and a garage owner can be prosecuted under the Act accordingly. The return of the vehicle transferred and so supplied the vehicle. Citations: Times 29-Dec-1998 Statutes: Trade Descriptions Act 1968 1(1)(a) Consumer … Continue reading Formula One Autocentres Ltd v Birmingham City Council: QBD 29 Dec 1998
The defendant used his own car almost exclusively in the course of his occupation as a courier. He sold and replaced it with another for similar use. He was charged before justices with the offence of applying, ‘in the course of trade or business’, a false trade description in respect of the mileage as shown … Continue reading Davies v Sumner: HL 1984
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
Lord Wilberforce said: ‘My Lords, the distinction in law between a promise as to future action, which may be broken or kept, and a statement as to existing fact, which may be true or false, is clear enough. There may be inherent in a promise an . .
On indictment, particulars to be limited to identifying which offence. Citations: Ind Summary 10-Apr-1995 Statutes: Trades Descriptions Act 1968 14-1 a/b Jurisdiction: England and Wales Consumer Updated: 08 October 2022; Ref: scu.87548
A false statement made to a trading standards officer who was investigating an offence under the Act is itself an offence. Citations: Gazette 06-Mar-1996, Ind Summary 29-Jan-1996, Times 20-Dec-1995 Statutes: Trades Descriptions Act 1968 29(2) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.87512
An odometer figure which was stated on the sales slip to be wrong was not s false trade description. Citations: Times 04-Dec-1995, [1997] RTR 123 Statutes: Trades Descriptions Act 1968 1-1-a Jurisdiction: England and Wales Cited by: Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007 The defendant appealed refusal … Continue reading Regina v Bull: CACD 4 Dec 1995
The purchase of a book describing a method was purchase of that method, and trades description regulations applied, on the basis that it was the supply of a service not of goods. Citations: Times 08-Dec-1994, Ind Summary 05-Dec-1994 Statutes: Trades Descriptions Act 1968 Consumer Updated: 17 May 2022; Ref: scu.77896
The court considered the requirements to establish an offence under the 1968 Act: ‘I think that, where a false description is attached to goods, its effect can be neutralised by an express disclaimer or contradiction of the message contained in the trade description. To be effective any such disclaimer must be as bold, precise and … Continue reading Norman v Bennett: 1974
‘Trade or business’ includes professional services for Trades Description law. Citations: Times 10-May-1995 Statutes: Trades Descriptions Act 1968 Consumer Updated: 09 April 2022; Ref: scu.87177
The Prince sought to restrain publication of otherwise unpublished private etchings and lists of works by Queen Victoria. The etchings appeared to have been removed surreptitiously from or by one Brown. A personal confidence was claimed. Held: The jurisdiction in confidence is based not so much on property or on contract as on a duty … Continue reading Prince Albert v Strange: ChD 8 Feb 1849
