In The Pink Ltd v North East Lincolnshire Council [2005] EWHC 1111 (Admin) - TSR.
1) court has duty to consider the evidence of experts, but the decision remains its own.
2) reg 3(1) TSR - in the definition of toy "designed or clearly intended" is disjunctive;
- concept of design and clear intent relates objectively to who the product is aimed at,
not, subjectively, to what the maker had in mind.
- anything logically indicative to prove either design or intent is admissible.
3) danger of product cannot indicate it was not designed or intended for under-14s.
4) colouring, price and position of product in a shop are not decisive;
but, each may help point to whether or not product is a toy.
5) CE mark does not in itself indicate that a product is a toy,
but, can do so if no other CE safety standard is applicable to the product.
undefined: unpaid