Decidebloom Ltd (t/a Stoneacre Motor Group) v Tameside Metropolitan Borough Council

Decidebloom Ltd (t/a Stoneacre Motor Group) v Tameside Metropolitan Borough Council

The convictions were unsafe because the advertisement was not specific to the vehicle sold and the information alleged 'brand new' when the evidence only supported 'new'; the prosecution failed to prove the offences as charged.

Parties
Claimant: Decidebloom Limited t/a Stoneacre Motor Group; Defendant: Tameside Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates
Outcome
Appeal allowed; convictions quashed; defendant's costs order made.
Legal Topics
Trade Descriptions, False Advertising, Appeal Procedure, Extension of Time
Criminal Law Consumer Protection Trade Descriptions False Advertising Appeal Procedure Extension of Time

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Parties

Decidebloom Limited t/a Stoneacre Motor Group

Claimant

Tameside Metropolitan Borough Council

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates

Legal Issues

  1. 1 Whether a general advertisement can apply a trade description to a specific vehicle under section 1(1)(a) of the Trade Descriptions Act 1968
  2. 2 Whether a pre-registered vehicle can be described as 'new' or 'brand new' for the purposes of the Act
  3. 3 Whether the evidence supported the convictions under the informations as charged

Ratio Decidendi

The convictions were unsafe because the advertisement was not specific to the vehicle sold and the information alleged 'brand new' when the evidence only supported 'new'; the prosecution failed to prove the offences as charged.

Court Disposition

Appeal allowed; convictions quashed; defendant's costs order made.

Orders

  • Convictions on both informations quashed
  • Defendant's costs order under section 16 of the Prosecution of Offences Act granted