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
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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
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
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
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 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
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
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
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
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
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 . .
