Motor Depot Limited and Wilkinson v Kingston Upon Hull City Council [2012] EWHC 3257 (Admin) – Regs 9 and 15 CPUTR – reg 4 CCAR – ss 167 and 169 CCA – s 117 CJA 2003.
1) hearsay - admissibility of evidence contained in a business record, under s 117 CJA 2003, requires that the record is produced.
2) “interest free” implies how price was calculated; that seller would bear costs normally attached to giving of credit.
3) to prevent an infringement a disclaimer must correct an otherwise misleading impression so as to make it clear and unambiguous.
4) each web page of an internet advertisement constituted a separate advertisement.
- any related web page in an advertisement which gave any credit information was a separate credit advertisement.
5) inference that offence attributable to neglect of director.
- inference could be drawn on the facts that a director bore certain duties.
- same facts could carry with them inference that director in breach of such duties.
- inference raises prima facie case to be rebutted by director
undefined: unpaid