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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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 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 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
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
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The Prince sought to restrain publication of otherwise unpublished private etchings and lists of works by Queen Victoria.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
