Southwark London Borough v Charlesworth (J.J.)

Date

23 March 1983

Legislation

Consumer Protection Act 1961, ss. 2, 3

Keywords

meaning of in the course of a business; consumer protection; sale of goods

Counsel

D. Penry-Davey, G. Harkus

Solicitors:

Southwark Legal Services; Lewis Silkin and Partners.

Judge:

Goff LJ, Mc Neill J.

Court:

High Court (Queen’s Bench Division)

Reported:

147 JP 470.

Summary:

Mr Charlesworth sold an electric fire and it was alleged that there were six breaches of various safety regulations that took place because of the sale.

Section 2 of the Consumer Protection Act 1961 under which the prosecution was brought stated as follows:

"…2(3) The foregoing provisions of this section shall not apply to a person: (a) where he is selling, or as the case may be is in possession, otherwise than in the course of a business..."

Charlesworth was in business as a shoe repairer and displayed for sale various second-hand items other than his usual goods including the electric fire. The money he received for the fire was not put through the books of the business and the fire in question came from his own home.

The magistrate concluded that the sale was not in the course of a business and dismissed the informations.

Decision

The High Court concluded that:

• on the magistrate's findings of fact, the respondent was carrying on a separate business, that being the separate business of selling second-hand goods; and
  
  
• the sale itself was simply a sale of goods displayed in the shop along with other goods he was selling in the course of his secondary line of business. The sale must, on those facts, be regarded as being a sale in the course of business within the meaning of those words as used in the subsection.