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 it.
Held: The court was placed in difficulty by the failure to challenge the case as stated. In the circumstances the appeal was dismissed.
Judges:
Brooke LJ, Newman J
Citations:
[1997] EWHC Admin 312
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Horner v Kingsley Clothing Limited QBD 1989
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 . .
Cited – Doble v David Grieg Ltd 1972
. .
Lists of cited by and citing cases may be incomplete.
Consumer, Crime, Magistrates
Updated: 12 April 2022; Ref: scu.137257