Dacre Son and Hartley Ltd v North Yorkshire CC (Record no. 74619)

MARC details
000 -LEADER
fixed length control field 01941cab a2200217 4500
001 - CONTROL NUMBER
control field ABS68463
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 041123n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u128085
245 ## - TITLE STATEMENT
Title Dacre Son and Hartley Ltd v North Yorkshire CC
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 45 EG 124 (CS)
520 ## - SUMMARY, ETC.
Summary, etc. Divisional Court, 27 October 2004. Appeal by estate agents (D) by way of case stated against a magistrates' court decision convicting it of making false and misleading statements during the conduct of a proposed sale of a property, relating to a purported absence of damp in the property made at a time when it was aware that the property suffered from damp. Respondent council (NY) had laid a number of informations before the magistrates under the Property Misdescriptions Act 1991 s1(1) against D based on complaints from a prospective house purchaser (H). D submitted no charge to answer on the basis that the informations were insufficiently particularised within the meaning of the Magistrates Court Rules 1980 r 100, were therefore defective, could not be remedied by the evidence and that there was insufficient evidence to convict. D was convicted but the magistrates stated a case for appeal. "Held": appeal dismissed. The magistrates were entitled to look at extraneous evidence when examining if the informations had been framed in such a way as to create real unfairness. There was no fatal defect in the informations. There was clear and strong evidence from H against D, which having been accepted, compelled the magistrates to convict D.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MISLEADING STATEMENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRADE DESCRIPTIONS ACT 1968
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ESTATE AGENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PROPERTY MISDESCRIPTIONS ACT 1991 S1(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MAGISTRATES' COURTS (HEARSAY EVIDENCE IN CIVIL PROCEEDINGS) RULES 1981 RULE 100
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/11/2004   ABS68463 128085-1001 06/08/2019 1 06/08/2019 Law report