The company sought judicial review of a refusal to dismiss charges against them under the 2006 Regulations as an abuse of process.
Held: Magistrates have no power of review of a prosecutorial decision other than through an abuse of process application. In this case the Council had followed their own procedures in moving from their first complaint and subsequent visit through to the issuing of the summons, allowing the company appropriate opportunity to clean the premises or to close them until cleaned.
Judges:
Simon J
Citations:
[2013] EWHC 898 (Admin)
Links:
Statutes:
Food Hygiene (England) Regulations 2006
Cited by:
Cited – QRS v Beach and Another QBD 26-Sep-2014
The court gave its reasons for granting an interim injunction to prevent the defendants publshing materials on their web-sites which were said to harrass the claimants.
Held: Whilst it was important to protect the identity of the claimants, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 17 November 2022; Ref: scu.472681