R (Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2018] EWHC 3122 (Admin) – S 111 MCA - articles 3 and 15 PATKR – reg 30(1)(g) WATKER.
1) where preliminary ruling by magistrates’ court leaves proceedings extant the ruling cannot be appealed by case stated.
2) recital (2) PATKR requires ‘necessary measures’ are taken by business operators as well as operatives and does not require negligence or intent where requirement of PATKR is breached.
- PATKR sets forth a comprehensive code which must be complied with by the business operator at all material times.
- PATKR contemplates both natural and legal persons such as companies.
- D is liable, if facts proved, without need to prove mens rea.
- strict liability offences under reg 30(1)(g) WATKER.
- no separate and additional requirement to prove culpability.
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