Focus (DIY) Limited v Hillingdon (LB of) [2008] EWHC 1152 (Admin) - Ss 1 and 30 TDA, CPIA, s 116 CJA 2003.
1) words have the meaning given by the legislation which uses them.
2) destruction of exhibit during testing is not necessarily an abuse of process. - CPIA.
- s 30 TDA does not require tested goods to be available in pristine form for D to retest.
3) s 116 CJA 2003 witness outside UK - not just a matter of distance but ability to attend.
4) appeal by case stated - the court is confined to the information in the stated case.
- agreement to a s 9 statement being read can be inferred from stance of the parties.
- objection to a s 9 statement being read comes too late if left as a closing speech ambush.
5) award of prosecution costs should not be grossly disproportionate to the fine. But
- level of fine does not limit costs unless P's work and time is disproportionate to the case.
undefined: unpaid