R v Avro plc (1993) 157 JP 759 CA - S 14(1)(a) TDA.
- continuing statement.
- existing fact.
1) statement of future event can include statement of existing fact if likely to be so read.
2) a statement expressed to be subject to alteration can still be as to existing fact.
3) a statement continues to be made, until corrected, despite contractual right to vary it.
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Related case digests
- British Airways Board v Taylor [1976] 1 All ER 65 HL - S 14 TDA.
1) "promise to the future" - can also be a statement as to existing fact and hence false. 2) Where D knows of falsity, offence should be under s 14(1)(a) not (b). 3) New legal entity not liable for acts of predecessor. 4) Misleading descriptions or statements - ordinary man test cf. legal analysis. 5) False to a material degree. - Wings Ltd v Ellis [1985] 1 AC 272 - TDA S 14(1)(a).
- only limited mens rea required. 1) knowledge of falsity required but not knowledge that the statement is made. - TDA to be understood by public without a lawyer at their elbow. 2) a statement can be "made" even if not communicated to others. 3) s 24 defence available to person charged under s 14. 4) mens rea - offence under s 1 is an absolute offence, but offence under s 14 is not.