Cases - R v Docklands Estates Ltd
Record details
- Name
- R v Docklands Estates Ltd
- Date
- [2000]
- Citation
- 3 EGLR 17
- Legislation
- Keywords
- Estate agency - Trade Descriptions Act 1968
- Summary
-
The defendant company was charged with 3 offences of 'flyboarding' and elected for trial in the crown court, rather than before magistrates. The jury did not accept the defendant's claim that the boards had been erected by somebody else in order to damage the defendant's reputation, and the judge imposed a fine of £7,500 for each of the offences. This was reduced by the Court of Appeal to £2,000 for each offence.
Lord Chief Justice Woolf stated that the usual £100 fine in the magistrates' courts was too low and wholly inappropriate for a commercial crime. He said that, apart from being a significant nuisance, the erection of 'fly boards' implies that a business has successfully sold the property. That can create a false impression, giving the public confidence in that company, which is not justified by its business. Furthermore, other companies that carry on their business honestly are placed at a disadvantage. The offences were committed because it was thought by the dishonest appellant estate agent that it would benefit from it and would obtain extra business. Taking account of the usual 2% commission to be earned on the sort of properties the defendant was engaged in selling - properties in the region of £150,000 - a fine of £2,000 was appropriate.
'We hope that a loud and clear message will go out to magistrates' courts that the penalties that they are imposing for this class of offence are too low and should be increased to the extent that has been indicated.'