Moss & Son Ltd v Crown Prosecution Service (Rev 1) [2012] EWHC 3658 (Admin) (18 December 2012)

Moss & Son Ltd v Crown Prosecution Service (Rev 1) [2012] EWHC 3658 (Admin) (18 December 2012)

There was no breach of the GLA Dairy Policy in applying a 12-month employment criterion; even if there had been, it would not amount to oppression or misconduct justifying a stay of proceedings. The District Judge was correct to refuse a stay for abuse of process.

Citation
[2012] EWHC 3658 (Admin)
Parties
Appellant: Moss & Son Ltd; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
18 December 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Prosecution Policy, Strict Liability Offences, Gangmasters Licensing, Judicial Review
Criminal Law Administrative Law Abuse of Process Prosecution Policy Strict Liability Offences Gangmasters Licensing Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Moss & Son Ltd

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether there was a breach of the GLA Dairy Policy in prosecuting the appellant
  2. 2 Whether a breach of prosecution policy amounts to an abuse of process warranting a stay of proceedings

Ratio Decidendi

There was no breach of the GLA Dairy Policy in applying a 12-month employment criterion; even if there had been, it would not amount to oppression or misconduct justifying a stay of proceedings. The District Judge was correct to refuse a stay for abuse of process.

Court Disposition

Appeal dismissed