The court considered the distinction between section 1(1)(a) and 1(1)(b) of the Trade Descriptions Act: ‘In my judgment, there is world of difference between the two offences. It is perfectly true that the application of a false trade description must, in some way, be related to a sale or prospective sale but, looking at the Act itself, I am disposed to take the view that the offence is committed when the false trade description is applied to the vehicle or goods and that is at the time when the odometer reading is altered to read a meaningful figure like 21,000 miles.’
Lord Justice Ormrod
 RTR 296
England and Wales
Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.258444