Secretary of State for Business, Innovation & Skills v PLT Anti-Marketing Ltd

Secretary of State for Business, Innovation & Skills v PLT Anti-Marketing Ltd

The fact that consumers can obtain a similar service for free elsewhere is material information. Omitting to inform consumers of this is likely to cause the average consumer to take a transactional decision they would not otherwise have taken. Therefore, the proposed trading practices would breach Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008. There is no material change of circumstances to justify varying the undertakings.

Parties
Petitioner/respondent: The Secretary of State for Business, Innovation & Skills; Respondent/applicant: PLT Anti-Marketing Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2013
Procedural Posture
Public Interest Winding Up Petition / Interlocutory Application to Vary Undertakings
Outcome
application dismissed
Legal Topics
Winding Up on Public Interest Grounds, Consumer Protection From Unfair Trading Regulations 2008, Misleading Omissions, Variation of Undertakings
Company Law Consumer Protection Winding Up on Public Interest Grounds Consumer Protection From Unfair Trading Regulations 2008 Misleading Omissions Variation of Undertakings

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Parties

The Secretary of State for Business, Innovation & Skills

Petitioner/respondent

PLT Anti-Marketing Limited

Respondent/applicant

Procedural Posture

Public Interest Winding Up Petition / Interlocutory Application to Vary Undertakings

Legal Issues

  1. 1 Whether PLT Anti-Marketing Limited's proposed trading practices would breach Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 by omitting to inform consumers that similar services are available for free elsewhere
  2. 2 Whether there is a material change of circumstances justifying variation of undertakings given to the court

Ratio Decidendi

The fact that consumers can obtain a similar service for free elsewhere is material information. Omitting to inform consumers of this is likely to cause the average consumer to take a transactional decision they would not otherwise have taken. Therefore, the proposed trading practices would breach Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008. There is no material change of circumstances to justify varying the undertakings.

Court Disposition

application dismissed

Orders

  • The application to vary the undertakings given to the court on 13 May 2013 is dismissed.