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Popely & Anor v Scott, Court of Appeal - Administrative Court, December 21, 2000, [2000] EWHC Admin 441





Case No: CO 1094/2000

IN THE SUPREME COURT OF JUDICIARY
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)

Royal Courts of Justice
Strand, London, WC2A 2LL


Thursday 21st December 2000


B e f o r e :

LORD JUSTICE ROSE
and
THE HON MRS JUSTICE RAFFERTY



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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Mr C Treacy QC and Mr W Hibbert (instructed by Mark Agombar, Solicitor for the First and Second Appellants and by Dechert, Solicitors for the Third Appellant)
Mr A Saggerson (for the Respondent)

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Judgment
As Approved by the Court

Crown Copyright ©







Mrs Justice Rafferty:
1. This is an appeal by way of case stated from a decision of the Sevenoaks and Tunbridge Wells Magistrates. On the 20th May 1999 the Respondent laid informations against each appellant that

a. "The 23rd May 1998 at Hever did (sic) in the course of a business
Hever Worldwide Properties plc, as offeror, entered into a timeshare
agreement with Mr and Mrs Jonathon Hamilton Marshall as offerees,
without Mr and Mrs Marshall having received, together with the document
setting out the terms of the timeshare agreement or the substance of it,
notice of their right to cancel. Contrary to sections 2.3 and 9.2 of the
Timeshare Act 1992, as amended by the Timeshare Regulations 1997."

b. "On the 10th June 1998 at Hever did (sic) in the course of a business
Hever Worldwide Properties plc as offeror entered into a timeshare
agreement with Mr Edward John Worth and Ms Emma Jane Leach as
offerees, without Mr Worth and Ms Leach having received, together
with the document setting out the terms of the timeshare agreement or
the substance of it, notice of their right to cancel. Contrary to 2.3 and 9.2 of the Timeshare Act 1992, as amended by t...
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