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 defendant a party not before the court. The effect of the district judge’s decision was, in my view, to prefer a charge against a new defendant outside the statutory time limit.
Citations:
[2006] EWHC 1749 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – 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 – Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna QBD 28-Dec-1994
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 . .
Lists of cited by and citing cases may be incomplete.
Consumer, Magistrates, Crime
Updated: 07 July 2022; Ref: scu.243311