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R (Sovio Wines Limited) v Food Standards Agency [2009] EWHC 382 (Admin) – CAPWENIR.

1) where a product is outside regime of Regulations they may still prevent such product from purporting to be within them.
2) statutory successor to government agency is responsible for representations of predecessor.
3) abuse of power - when representations by enforcement agency may give rise to a legitimate expectation that it will not exercise its powers.
4) undertaking not to take action cannot override enforcement agency’s statutory duties.
5) it is contrary to enforcement agency’s statutory duty to condone significant breaches of Regulation by exercising discretion not to take action.
6) no general principle that an enforcement agency is bound by legitimate expectations induced by the representations of another public body.
- any such expectation would, in any event, be overridden by the enforcement agency’s statutory duty to act.

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Legislation