The substitution of a defendant in a case before the magistrates was challengeable where it was not a mere mistake in the name of the defendant. The wholesalers who should have been named had been in correspondence for some time with the prosecutor and had failed to point out the error until shortly before the hearing.
Judges:
Lady Justice Butler-Sloss, Justice Latham
Citations:
Times 28-Dec-1994, (1994) 159 JP 727
Jurisdiction:
England and Wales
Citing:
Applied – Marco (Croydon) Ltd v Metropolitan Police Commissioner QBD 1983
The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under . .
Cited by:
Cited – Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others Admn 14-Jun-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 April 2022; Ref: scu.86760