Fantasia Productions Ltd v Redbridge (LB of) [2026] EWHC 698 (Admin) – S 101 MCA – s 224(3) TCPA – regs 2(1), 4(1) and 6(1)(a) and Schedule 2(1) and Part 1 Schedule 3(1) TCPCAER – Article 6(2) ECHR – HRA.
- proving a negative - onus of proving exceptions etc.
- reverse burden of proof on balance of probabilities.
– presumption of innocence – right to fair trial.
1) where offence in statute committed by contravention of regulations, s 101 MCA can apply to qualification contained in regulations but not in statute itself.
2) interference with right to fair trial from reverse burden of proof in s 101 MCA imposed on D charged under s 224(3) TCPA was proportionate.
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