The court described the process for considering whether an offence had been committed under the Act: ‘The proper approach is to consider the matter in four stages; (1) Had a trade description been applied to the goods? (2) Was that description false in any particular? (3) If it was, was it false to a material degree? (4) If it was not, the justices should put themselves in the position of the ordinary shopper to decide if it was misleading.’
[1989] Crim LR 911
England and Wales
Cited by:
Cited – Lewin v Truebell Plc Admn 24-Mar-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 September 2021; Ref: scu.258606