The old markets of the City of London enjoyed a common law right to prevent the opening of other markets within seven miles. Covent Garden had granted leases for the sale of products other than vegetables and fruit and wanted to allow the face to face sale of fish and meat. The corporation sought on behalf of the other markets judicial review of the decision to allow such sales, and now appealed the grant of judicial review of its decision.
Held: The appeal succeeded. The Act gave the market wide powers and there was no express restriction on what could be sold. The Court of Appeal had wrongly concentrated on only one power in the Act, and ‘the judicial review attack on the Minister’s consent of 20 June 2003 must fail. ‘
Judges:
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Mance
Citations:
[2006] UKHL 30, Times 26-Jun-2006
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Corporation of London v Secretary of State for Environment, Food and Rural Affairs and Another CA 21-Dec-2004
Billingsgate and Smithfield markets sought through the Corporation to prevent Covent Garden market allowing the sale of fish and meat.
Held: Parliament could not have intended to allow Covent Garden to carry on an activity in competition with . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Administrative
Updated: 06 July 2022; Ref: scu.242662