Cases - Regina v Bexley Justices ex part Barratt Homes Ltd
Record details
- Name
- Regina v Bexley Justices ex part Barratt Homes Ltd
- Date
- [2000]
- Citation
- WL 191198
- Legislation
- Keywords
- Estate agency - Property Misdescriptions Act 1991
- Summary
-
Barratt Homes had misdescribed a development of 6 properties as having 'river views' when this was not in fact the case. The council were notified by the purchaser of 1 of these properties of the misdescription in a telephone call. They later prosecuted Barratt in relation to all 6 properties. Barratt issued judicial review proceedings contending that the prosecution had been commenced more than 1 year after the telephone call from the purchaser.
Notification in relation to 1 property did not put the council on notice of an offence being committed in relation to a series of properties. It was not an inappropriate use of the council's powers to choose to wait and make a later prosecution in relation to a number of offences of misdescription rather than prosecuting promptly in relation to a single offence.
If the same misdescription has been made in relation to a number of properties, the prosecuting authority is not deemed to have discovered the offence until it has been discovered in relation to all of the properties.
Agents should keep a close eye on time limits for prosecution but should realise that if they have been guilty of the same misdescription in relation to a number of properties that the expiration of a time limit for prosecution in relation to 1 property does not extend to the other similar properties.