You are not currently signed in - enter your email address and password into the boxes below, or create a new account.

R (Food Standards Agency) v Brent Justices and Kelman’s Kosher Products [2004] EWHC 459 (Admin) – S 9 FSA – s 111(1) MCA.

1) application to justice of the peace under s 9 FSA is a “proceeding” within s 111(1) MCA which sets out when justices must state a case.
- court has jurisdiction to entertain judicial review where justices, although refusing to state a case, give reasons for their decision as it is made in exercise of a public function.
2) once justice of peace decides food fails to comply with food safety requirements she is required to condemn it; she has no discretion not to.
- “shall” in s 9(6) FSA indicates a step which is mandatory.

undefined: unpaid

Legislation