R v Clarksons Holiday Ltd (1973) 57 Cr App R 38
Mr. Bottomley booked a holiday in Benidorm with Clarksons at the Calypso Hotel – basing his decision on how the hotel was described in the brochure.
The description was accompanied by an artist’s impression because at the time the brochure was published the hotel was still under construction.
Unfortunately when Mr Bottomley arrived the hotel was unfinished and he had to spend two nights elsewhere and when he eventually got to the Calypso he and the other guests were unhappy with the facilities
On his return to the UK Mr Bottomley complained to his local Trading Standard Department who instituted a prosecution in front of a jury who convicted Clarksons of having recklessly made a statement as to the existence of the hotel and its facilities. They were fined £400. On appeal the conviction was upheld.
[Last revised November, 2020]
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