Office of Fair Trading v Miller: CA 3 Feb 2009

Order must be clear to found contempt charge

The defendant appealed against a finding of contempt of court after being found to have sold defective kitchen equipment in breach of a stop order. The defendant had been previously committed for breach of the same order, and released on his undertakings.
Held: The Order should have made it clear that it was limited to infringements of the Directive, namely the causing of harm to the collective interests of consumers. Proof of such a breach was required, whether of one or more acts. To the extent required, leave to appeal was granted.

Sedley LJ, Arden LJ, Moore-Bick LJ
[2009] EWCA Civ 34
Fair Trading Act 1973, Stop Now Orders (EC Directive) Regulations 2001 (SI 2001 No 1422)
England and Wales
CitedThe Government of Sierra Leone v Davenport and others CA 2002
An application was made to commit a defendant for contempt of court in failing to comply with parts of a court order.
Held: He was found to have been in contempt but the failure had been cured and no penalty beyond costs was imposed on him. . .
CitedLondon Borough of Barnet v Hurst CA 17-Jul-2002
The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order.
Held: An appeal limited to the . .
CitedOffice of Fair Trading v MB Designs (Scotland) Limited Martin Black Paul Bradley Bett OHCS 29-Jun-2005
The Office sought an order to enforce obligations under the 2002 Act against a trader. He argued that some of the acts complained of preceded the coming into force of the Act.
Held: The Act sought to protect the interests of consumers in . .
CitedFairclough and Sons v The Manchester Ship Canal Co CA 1897
The court considered the remedies for a contempt of court.
Held: Lord Russell CJ said: ‘We desire to make it clear that in such cases no casual or accidental and unintentional disobedience of an Order would justify either a commitment or . .

Lists of cited by and citing cases may be incomplete.

Consumer, Contempt of Court

Updated: 12 November 2021; Ref: scu.280418