Lewin v Purity Soft Drinks Ltd: Admn 14 Dec 2004
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
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
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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 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
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
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
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 . .
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
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
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
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 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 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
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
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 . .