R (Palmer Agencies Limited) v Belfast City Council [2023] NIKB 35 – Reg 4(2) TSR 2011.
1) fancy dress costumes sized for adults are not toys.
- “reasonably foreseeable use” of products will prevail over manufacturer’s declaration of intended use, but carnival costume not sized suitably for child under 14 cannot be toy as cannot have been designed or intended for someone of that age.
- expert evidence admissible on technical question (process and guidance to be followed in making determination under TSR).
- for purposes of judicial review, failure to take adequate account of material considerations, such as official Guidance, constitutes fundamental flaw in decision making process and is unlawful act.
2) impermissible to seek to achieve effect which only exercisable through statutory code.
- no scope to add to powers of relevant authorities on ad hoc basis.
- ultra vires to permanently detain goods when legislation only provides for temporary detention.
undefined: unpaid