Source: All England Reporter
Publisher Citation: [2010] All ER (D) 270 (May)
Neutral Citation: [2010] EWHC 1232 (Admin)
Court: Queen's Bench Division, Administrative Court

Nicola Davies J

Representation Marion Lonsdale (instructed by Salusburys Harding & Barnett) for the claimants.
  Timothy Pitt-Payne QC (instructed by Lincolnshire County Council, Legal Services) for the first defendant.
  The second defendant did not appear and was not represented.
Judgment Dates: 17 May 2010


Food and drugs - Food hygiene - Condemnation order - Food authority finding company not approved under relevant food hygiene regulations - Certificate being issued requiring company to comply with regulations - Authority applying for making of condemnation order - Justices in magistrates' court granting order - Judge determining case stated appeal of justices' ruling - Whether authority entitled to certify - Whether authority precluded from certifying by reason of estoppel - Whether proceedings before justices fair - s 9 - Food Hygiene (England) Regulations 2006, SI 2006/14.

The Case

Food and drugs Food hygiene. The Administrative Court held, having regard to a judgment given on a case stated appeal relating to the same subject matter as that arising in the instant case, that the first defendant food authority was entitled to certify that the first claimant company was not approved under the relevant food hygiene regulations; that the authority was not precluded from issuing a certificate, by reason of an estoppel, on the basis that it had acted unfairly, negligently or incompetently towards the claimants; and that the proceedings before the justices in the second defendant magistrates' court, whereby a food condemnation order was granted, were fair.

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