Brookes v Retail Credit Cards Ltd: QBD 1986

The defendants, a regulated consumer credit provider provided its srevices to A’s customers. A’s promotional materials were found to be in breach of the Act and the defendant was now prosecuted for procuring that offence.
Held: The prosecutor’s appeal against dismissal failed. Obiter, section 170(1) might, but did not necessarily, preclude an action. Lloyd LJ said: ‘The exclusion of civil sanctions other than those provided in the Act serves an obvious purpose. Exclusion of criminal sanctions is not so easy to understand. Whatever the reason for the exclusion and whatever it was intended to cover, I am clear that it does not exclude the liability of accessories’.
Lloyd LJ
(1986) CCLR 5, (1987) CLR 327
Consumer Credit Act 1974 170(1)
England and Wales
Cited by:
CitedRegina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited Admn 4-Apr-2000
A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given . .

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Updated: 17 July 2021; Ref: scu.430075