Trial judge determination on preliminary issue set aside, where it ought to have been resolved at trial
Secretary of State for Business, Innovation And Skills v PLT Anti-Marketing Ltd  EWCA Civ 76
- Related Member(s):
- Jessica Simor QC
- Related Practice Area(s):
- Commercial Law
- Court of Appeal (Civil Division)
The Court set aside the judge’s determination of the preliminary issue that continued trading without disclosing the respondent’s TPS and MPS were available to the public free of charge would be a breach of the Consumer Protection from Unfair Trading Regulations 2008, Reg 6. It stated that the judge should have stated that the question could only be resolved at trial, when all features and circumstances of the commercial practice were definitely known.
Jessica Simor QC was involved in this case.