Publisher Citation: [2008] All ER (D) 117 (May)
Court: Queen's Bench Division, Divisional Court
Judge:

Ouseley and Underhill LJJ
Representation Fred Phipott (instructed by Margetts & Ritchie) for the supplier.
  Richard Heller (instructed by Rajesh Alagh) for the authority.
Judgment Dates: 9 May 2008

Catchwords

Trade description - False trade description - Selling goods to which false trade description is applied - Ladders purportedly conforming to requisite standard - Tests showing ladders failing to comply with standard - Supplier notified - Supplier found guilty of supplying goods to which a false trade description applied - Whether justices correct in finding tests validly showing ladders failing to comply with standards - s 1(1)(b), 30.

The Case

The defendant retailer of Hailo HVS 3.13m aluminium extension ladders failed in its appeal by way of case stated against its conviction for supplying goods to which a false trade description was applied contrary to s1(1)(b) of the Trade Description Act 1968, namely that the ladder in question confirmed to Standard EN131, as the justices convicting it had been correct in their interpretation of Standard 131 in respect of the requirements, testing and marking of the ladders, and in refusing to stay the proceedings for an abuse of process.

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