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
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 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
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 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
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
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 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
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
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
