Your browser is no longer supported

For the best possible experience using our website we recommend you upgrade to a newer version or another browser.

Your browser appears to have cookies disabled. For the best experience of this website, please enable cookies in your browser

We'll assume we have your consent to use cookies, for example so you won't need to log in each time you visit our site.
Learn more

Traders can't escape council injunction by moving away, High Court rules

  • Comment

Companies cannot avoid a council’s injunction simply by moving out of its area, the High Court has ruled.

In a case brought by Oldham MBC against a telesales company, Mr Justice Phillips said the council could obtain an injunction even though the company had moved to Manchester.

Oldham sought to restrain the company WMSL from “continuing to use certain misleading advertising in selling to other traders”, according to court documents.

The court judgement said the firm’s services included offering to “enhance” customers’ profiles online by improving their prominence in Google searches.

It noted WMSL and its director Danny Kay did not dispute that the firm had been acting in breach of the Business Protection from Misleading Marketing Regulations 2008.

The firm’s defence was that Oldham was not an “appropriate authority” to seek an injunction because “about a year before these proceedings commenced, WMSL had moved its place of business from Oldham to Manchester”, the judgment said.

But the judge ruled: “Given the timing of WMSL’s relocation (shortly after the search warrant was executed at its Oldham premises), the short distance the business moved and Mr Kay’s continued connections with the Oldham area, the council was entitled to perceive a real risk that WMSL would return to its Oldham area in the foreseeable future.”

Oldham was also entitled to assume that businesses in the town could be among those called from WMSL’s Manchester office, the judge ruled.

Mr Justice Philips said: “In my judgment, a local authority can properly take into account broader considerations of how to promote or protect the interests of its inhabitants, not limited to situations where unlawful activity is continuing or contemplated within its area.”

  • Comment

Have your say

You must sign in to make a comment

Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions.

Links may be included in your comments but HTML is not permitted.