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
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
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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
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
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 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
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
