Trial judge determination on preliminary issue set aside, where it ought to have been resolved at trial


Re: Secretary of State for Business, Innovation And Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76

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.