European Commission


Legal Literature detail

Directive article l2 31.
Reference Entertainment Law Review, 2011, vol 22, chapter 4, page 118 122
Country United Kingdom Legal Literature date 2011
Author O. BRAY and M. STARMER Author initial
Title EN Office of Fair Trading v Purely Creative Ltd: the net tightens on exponents of sharp commercial practices URL EN N/A
Keywords average consumerblack listcourtmaterial informationprize promotionprizestransactional decision

Head note

This article discusses the High Court decision of Office of Fair Trading v Purely Creative Limited [2011] EWHC 106 (Ch) concerning misleading advertising.  The authors summarises the facts of the case and examines various key concepts of the UCP Directive, particularly: activities blacklisted under Schedule 1; whether a promotion would be likely to mislead the "average consumer"; and the definitions of "transactional decision" and "material information".
The article concludes that the landmark ruling was a significant warning for businesses with misleading practices.

General note


Relevant cases

National ID Common name Date decision Decision type
[2011] EWHC 106 (Ch) OFT v Purely Creative Ltd 02/02/2011 Court decision, first degree