R (Higginshaw Abattoir Limited and Anor) v Greater Manchester Magistrates’ Court and Food Standards Agency [2022] EWHC 378 (Admin) – Regs 9 and 19 FSHER - Regulation (EC) 853/2004 – r 7.3 CrimPR – s 123 MCA - article 47 CFREU.
1) taking of nontechnical or specialist decision not always carry statutory right of appeal on merits.
- provision for full merits appeal may not, in circumstances of particular case, be necessary.
- requirement of article 47 CFREU for “effective remedy” may be satisfied by availability of judicial review.
2)(a) information not bad for duplicity where refers to separate offences so long as (tolerably) clear which offence being charged.
- information must be read as a whole.
2)(b) where body of information alleges single offence but erroneously purports offence to be contrary to two statutory provisions, each creating a separate offence, information can be amended under s 123 MCA if no injustice.
2)(c) informations must disclose, as they did, an offence in law.
2)(d) where information clearly addressed to specific D, and clear that reference to a second D was in error, it could be readily amended without causing injustice.
3)(a) remedial action notice (“RAN”) under FSHER must specify, as it did, action to be taken to remedy breach.
3)(b) Whether repeated failures to comply with requirements of Regulation 853/2004 are described in RAN as continuing breach or series of separate breaches, effect the same and RAN valid.
3)(c) no compelling reason to interpret “process” in FSHER as referrable only to processed food.
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