Environmental Health officers inspecting food premises had rights of entry to inspect all areas and records to establish whether offence was being committed. There was only a limited privilege against self-incrimination. Citations: Times 09-Apr-1998, [1998] EWHC Admin 327 Links: Bailii Statutes: Food Safety Act 1990 33(1)(b) Environment, Consumer Updated: 27 May 2022; Ref: scu.138448
Citations: [2004] EWHC 459 (Admin) Links: Bailii Statutes: Food Safety Act 1990 9 Jurisdiction: England and Wales Consumer Updated: 07 May 2022; Ref: scu.226863
Cleveland Meat Company Limited purchased a bull at Darlington Farmers market. After the animal was slaughtered, the Official Veterinarian (‘OV’) found that the animal was diseased and so declared it unfit for human consumption, and refused to award it a health mark. Cleveland did not agree with the OV’s decision, and sought to challenge the … Continue reading Association of Independent Meat Suppliers and Another, Regina (on The Application of) v Food Standards Agency: SC 24 Jul 2019
Food condemnation notices Judges: Mrs Justice Nicola Davies Citations: [2010] EWHC 1232 (Admin) Links: Bailii Statutes: Food Safety Act 1990 9 Jurisdiction: England and Wales Consumer Updated: 11 February 2022; Ref: scu.416186
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
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The appellant claimed that a prosecution under the 1990 Act could not be made by the Local Authority in its own name, but should rather have been in the name of a nominated official. Held: The 1972 Act gave the authority the power. It had not been intended to make a distinction between a local … Continue reading Monks v East Northamptonshire District Council: QBD 8 Mar 2002
Appeal against conviction for selling food after sell by date. Judges: Kennedy LJ Citations: [1999] EWHC Admin 318 Links: Bailii Statutes: Food Safety Act 1990 16(1)(e), Food Labelling Regulations 1996 (1996 No. 1499) 44 Jurisdiction: England and Wales Citing: Cited – Tesco Supermarkets Ltd v Nattrass HL 31-Mar-1971 Identification of Company’s Directing MindIn a prosecution … Continue reading Lincolnshire County Council v Safeway Stores Plc: Admn 19 Apr 1999
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
The defendants sought judicial review of decisions by magistrates to substitute out of time properly named companies as defendants in cases under the 1990 Act. Held: The court had repeated the error made in the Marco case, by substituting as a defendant a party not before the court. The effect of the district judge’s decision … Continue reading Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others: Admn 14 Jun 2006
Judges: Forbes J Citations: [2004] EWHC 2890 (Admin) Links: Bailii Statutes: Food Safety Act 1990 2(1) Jurisdiction: England and Wales Consumer, Crime Updated: 10 June 2022; Ref: scu.220535
The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: ‘The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have lead the prosecuting authority to have reasonable grounds to believe that an offence had been committed by a … Continue reading Tesco Stores Ltd v London Borough of Harrow: Admn 21 Nov 2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed. Held: The owner was liable. The words of the Act must be given their ordinary and natural meaning. There was no distinct rule just because the food sold … Continue reading Nottingham City Council v Wolverhampton and Dudley Breweries: QBD 27 Nov 2003
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. Held: Proportionality itself is not always equated with intense scrutiny Judges: Lord Bingham of Cornhill LCJ, … Continue reading Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested: CA 1 Jul 1999
Citations: [1996] EWHC Admin 384 Links: Bailii Statutes: Mineral Waters Regulations 1985, Food Safety Act 1990 15(1)(b) Criminal Practice Updated: 25 May 2022; Ref: scu.136932
Meat trader can rely on meat inspector’s certificate as to fitness to eat. Citations: Times 15-Feb-1994 Statutes: Food Safety Act 1990 21(1) Negligence Updated: 19 May 2022; Ref: scu.78915
A person carried on a food business even though he might be excluded from the premises, for example, by a partner. It was necessary to read the words of a provision carefully where criminal liability attached, but it was also intended to ensure that responsibility was not evaded by pretending that others ran the business. … Continue reading Ahmed v Leicester City Council: QBD 29 Mar 2000
The local authority brought complaint against the company that they failed to supply appropriate wash hand basins for staff near working areas. A number of notices were served each of which specified measures which should be taken. The appellants sought to impugn the notices on a series of grounds for non-compliance with the provisions of … Continue reading Bexley London Borough Council v Gardner Merchant plc: QBD 1993
Chocolate manufacturers were to take all steps possible to prevent blades in sweets. It was not a question of resonable practicality. Citations: Times 08-Mar-1995 Statutes: Food Safety Act 1990 8(2)(c) Jurisdiction: England and Wales Consumer, Crime Updated: 28 April 2022; Ref: scu.86649
An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation was payable. Citations: Times 01-Dec-1998 Statutes: Food Safety Act 1990 13 Jurisdiction: England and Wales Citing: … Continue reading Regina v Secretary of State for Health, ex parte Eastside Cheese Company: QBD 1 Dec 1998
Presence of bone in food does not itself negative ‘all reasonable precautions’. Citations: Ind Summary 24-Apr-1995 Statutes: Food Safety Act 1990 14 Jurisdiction: England and Wales Consumer Updated: 08 April 2022; Ref: scu.79578
The Council’s officers visited the company’s premises, and after finding there packages of frozen meat whose use date had expired, pursued 23 charges under the 1990 Act and the Regulations. The justices had accepted the company’s argument that the prosecution had to prove that at the date of the alleged offence the food was highly … Continue reading Torfaen County Borough Council v Douglas Willis Ltd: SC 31 Jul 2013
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection. Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
The plaintiff was a crane driver whose load of timber, drums of paint, and bags of bolts etc, and without any fault on his part, fell into the hold of a ship as they were being lowered along with scaffolding. No one was actually injured but the plaintiff knew that fellow workers were then in … Continue reading Dooley v Cammell Laird and Co Ltd: 1951
Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The ship was unavailable for a further 2 days whilst being unladen. … Continue reading Petroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’): SC 2 May 2012
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
