The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he had no understanding of the existence of the system. The salesman had said that burglaries in the last twelve months had increased by 46% in the area. The data was derived from published police statistics, and the judge had found no unfair representation.
Held: The Crown’s appeal was allowed. The judge had mischaracterised the statistics. The police statistics did not necessarily support the statements made by the salesman.
The judge placed weight on the absence of evidence that at least one director knew of the circumstances that lead to the transaction with this particular customer. In our judgment, his approach was too narrow: the question was whether the depth of the evidence relating to this one customer led to the inference that the way in which the company operated (through at least one of its controlling minds) demonstrated reckless disregard for the requirements of professional diligence generally: in that regard, it matters not that the particular controlling mind cannot be identified.
Leveson LJ, Foskett J, Sir Geoffrey Grigson
[2013] EWCA Crim 818
Bailii
Consumer Protection from Unfair Trading Regulations 2008
England and Wales
Citing:
Cited – Regina v Jabber CACD 2006
As to the case of Kwan Ping Bong, Moses LJ said: ‘Read literally, Lord Diplock’s dicta might be understood to be saying that an inference was only to be regarded as compelling if all juries, assumed to be composed of those who are reasonable, would . .
Cited – Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH ECJ 14-Jan-2010
ECJ Directive 2005/29/EC – Unfair commercial practices – National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on . .
Unpersuasive – Regina (London Borough of Tower Hamlets) v Christopher Steele 2012
(Crown Court at Snaresbrook) The court acceded to the submission on trying a charge under the 2008 Regulations, that there was no case to answer in the context of a contract for building services with a consumer on the basis that such a contract did . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Airtours plc v Shipley CACD 1994
. .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 31 October 2021; Ref: scu.510030
