We at Ewing Law have pursued and defended these matters at all levels, from the Magistrates Court through to the High Court and all the way to the Court of Appeal.
Examples of the cases in which members of the Ewing Law team have taken a lead role include:
Food Standards Agency v F.
Acted alone on behalf of F. (a major poultry slaughterhouse) in resisting the decision of the Food Standards Agency to close its main plant following failure to achieve ‘full approval’ of its working practices. The outcome of the matter was of particular importance as success for F. would undermine the legality of the policies adopted by the Food Standards Agency. This matter was considered by the Administrative Court in 2011, at which time the approach of the Food Standards Agency to the grant of both conditional and full approval to trade was considered to be unlawful from the Agency’s inception, due to a misapplication of the legislation. ‘The Official Feed and Food Controls (England)(Amendment) Regulations 2011′ have been implemented as a result of this case.
Royal Courts of Justice (Queens Bench Division)
Food Standards Agency v P.F.
Represented P.F. in its appeal of the Food Standards Agency’s refusal to grant P.F. – a major livestock ‘production’ facility – full approval to trade following P.F.’s alleged failure to meet the FSA conditions of licence. Following the success of P.F.’s appeal against this decision, the Food Standards Agency opted to prosecute P.F. for a series of alleged breaches of food standards regulations. These allegations became the subject of successful negotiation whereby P.F. maintained its trading licence.
Colchester Magistrates Court
Health & Safety Executive v K.
Acted for the Defendant company accused of having breached its health and safety obligations as a result of the death of an employee who had fallen through the panelled roof of a warehouse whilst in the process of cleaning guttering. It was alleged that proper processes had not been put in place to prevent employee’s acted as the deceased had acted, whilst the Defendant company asserted that such processes were in place but had in fact been deliberately ignored/avoided by the deceased prior to his death.
Kings Lynn Crown Court
Re: British Meat Producers Association
Instructed by the British Meat Producers Association to advise upon the legality or otherwise of the imposition of additional value charges by the Food Standards Agency, a complex enquiry involving consideration of the direct application of European legislation and its correct interpretation.