Oldham Metropolitan Borough Council v Worldwide Marketing Solutions Ltd & Anor [2014] EWHC 1910 (QB) (11 June 2014)

Oldham Metropolitan Borough Council v Worldwide Marketing Solutions Ltd & Anor [2014] EWHC 1910 (QB) (11 June 2014)

Oldham Metropolitan Borough Council was entitled to conclude that bringing proceedings was expedient in the interests of its inhabitants, including to enforce undertakings and protect against future risk, notwithstanding the defendants' relocation; s.222(1) Local Government Act 1972 is sufficiently wide to permit such action.

Citation
[2014] EWHC 1910 (QB)
Parties
Claimant: Oldham Metropolitan Borough Council; Defendant: Worldwide Marketing Solutions Limited; Defendant: Danny Kay
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Injunction Application (civil) / Final Judgment After Trial
Outcome
Injunction granted against both defendants
Legal Topics
Injunctions, Misleading Advertising, Local Authority Powers, Business Protection From Misleading Marketing Regulations 2008, Section 222(1) Local Government Act 1972
Administrative Law Consumer Protection Local Government Law Injunctions Misleading Advertising Local Authority Powers Business Protection From Misleading Marketing Regulations 2008 Section 222(1) Local Government Act 1972

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Oldham Metropolitan Borough Council

Claimant

Worldwide Marketing Solutions Limited

Defendant

Danny Kay

Defendant

Procedural Posture

Injunction Application (civil) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Oldham Metropolitan Borough Council had power under s.222(1) Local Government Act 1972 to seek an injunction against defendants who had relocated outside its area
  2. 2 Whether the injunction should be geographically limited

Ratio Decidendi

Oldham Metropolitan Borough Council was entitled to conclude that bringing proceedings was expedient in the interests of its inhabitants, including to enforce undertakings and protect against future risk, notwithstanding the defendants' relocation; s.222(1) Local Government Act 1972 is sufficiently wide to permit such action.

Court Disposition

Injunction granted against both defendants

Orders

  • Injunction to restrain misleading advertising by both defendants, operative throughout England and Wales
  • Parties to agree terms of order and submit draft; further argument to be heard if necessary on points of disagreement or consequential matters