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
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
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
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 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 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
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
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
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
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 . .
