Oldham Metropolitan Borough Council v Worldwide Marketing Solutions Ltd & Anor

Oldham Metropolitan Borough Council v Worldwide Marketing Solutions Ltd & Anor

The Council was entitled to conclude that bringing proceedings was expedient in the interests of its inhabitants, given the need to enforce undertakings, the risk of future activity affecting Oldham, and the national nature of the defendants' business. Section 222(1) is widely worded and not limited to activities...

Source-derived case information.

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
Civil / Judgment After Trial of Preliminary Objection
Outcome
Injunction granted against both defendants; preliminary objection dismissed.
Legal Topics
Misleading Advertising, Injunctions, Local Authority Powers
Consumer Protection Local Government Law Misleading Advertising Injunctions Local Authority Powers

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Summary, issues, holding and outcome

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Parties

Oldham Metropolitan Borough Council

Claimant

Worldwide Marketing Solutions Limited

Defendant

Danny Kay

Defendant

Procedural Posture

Civil / Judgment After Trial of Preliminary Objection

Legal Issues

  1. 1 Whether Oldham Metropolitan Borough Council had power under section 222(1) of the Local Government Act 1972 to seek an injunction against the defendants after the business relocated outside its area
  2. 2 Appropriate scope of injunctive relief under the Business Protection from Misleading Marketing Regulations 2008

Ratio Decidendi

The Council was entitled to conclude that bringing proceedings was expedient in the interests of its inhabitants, given the need to enforce undertakings, the risk of future activity affecting Oldham, and the national nature of the defendants' business. Section 222(1) is widely worded and not limited to activities within the authority's area. The Council is entitled to injunctive relief against both defendants.

Court Disposition

Injunction granted against both defendants; preliminary objection dismissed.

Orders

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