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- Due Diligence and State of Mind: Tesco Revisited
Was Lord Diplock correct in saying in Tesco v Nattrass that, to establish a due diligence defence, all a defendant had to do was show that he acted without negligence? First published in the Criminal Law & Justice Weekly (2011) 175 JPN 89 and 177. - Material Averments.
Does the prosecution have to prove everything alleged in the information? First published in the Criminal Law & Justice Weekly (2010) 174 JPN 294 and 311. Additional case references in square brackets. - Knowledge and Trade Mark Offences and Defences.
Is it necessary for the prosecution to prove that the defendant had knowledge of, or the intent to infringe, a registered trade mark? First published in the Criminal Law & Justice Weekly (2009) 173 JPN 597. - Business Protection from Misleading Marketing Regulations 2008 - Condensed
This is a potted version of the BPMMR criminal provisions together with a flow chart. It should NOT be seen as a substitute for referring to the full copy of the Regulations. - Consumer Protection from Unfair Trading Regulations 2008 - Condensed.
This is a potted version of the CPUTR criminal provisions together with flow charts including a civil flow chart. It should NOT be seen as a substitute for referring to a full copy of the Regulations. - The Trade Descriptions Act 1968 is Dead: Long Live The Consumer Protection from Unfair Trading Regulations 2008.
A look at the new provisions and how the appeal courts are likely to interpret them based on their decisions in relation to previous legislation. First published in the Justice of the Peace (2008) 172 JPN 516, 536 and 560.
Note the new postscript on commercial practices containing false information. - Lost, Altered or Destroyed Evidence.
In what circumstances can the prosecution rely on secondary evidence when the original evidence is missing or is no longer intact? First published in the Justice of the Peace (2007) 171 JPN 556. - Evidence of Children Making Underage Test Purchases.
Are test purchases made by children on behalf of enforcement authorities entrapment?
Must child test purchasers give evidence to secure a conviction? First published in the Justice of the Peace (2006) 170 JPN 647. - Legal Lies and False Trade Descriptions.
Disclaimers - will the courts choose to follow a 30 year chain of authorities or the aberration that is Lewin v Purity Soft Drinks Ltd. First published in the Justice of the Peace (2005) 169 JPN 688. Also published in (2005) TS Today. - Defence by Ambush.
“A criminal trial is not a game under which a guilty defendant should be provided with a sporting chance.” First published in the Justice of the Peace (2004) 168 JPN 24.