Star Pubs & Bars Ltd v Pubs Code Adjudicator [2021] EWHC 1291 (Admin) (17 May 2021)

Star Pubs & Bars Ltd v Pubs Code Adjudicator [2021] EWHC 1291 (Admin) (17 May 2021)

Star is granted permission to amend its Notice of Appeal to add a ground of procedural unfairness regarding lack of opportunity to make representations on penalty, as this ground has a real prospect of success; Star is permitted to rely on the witness statement of Mr Mountstevens; Star is entitled to disclosure of the specified third-party evidence relied on by the PCA, but only within a confidentiality ring limited to external and in-house lawyers, balancing the need for procedural fairness with the public interest in maintaining confidentiality and avoiding a chilling effect on regulatory investigations.

Citation
[2021] EWHC 1291 (Admin)
Parties
Appellant: Star Pubs & Bars Limited; Respondent: The Pubs Code Adjudicator
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Statutory Appeal and Related Judicial Review / Preliminary Hearing on Interlocutory Applications
Outcome
Applications granted in part
Legal Topics
Statutory Appeals, Procedural Fairness, Disclosure and Confidentiality, Financial Penalties, Natural Justice, Judicial Review, Enforcement Powers of Regulators
Administrative Law Regulatory Law Commercial Law Statutory Appeals Procedural Fairness Disclosure and Confidentiality Financial Penalties Natural Justice +2 more

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Parties

Star Pubs & Bars Limited

Appellant

The Pubs Code Adjudicator

Respondent

Procedural Posture

Statutory Appeal and Related Judicial Review / Preliminary Hearing on Interlocutory Applications

Legal Issues

  1. 1 Whether Star may amend its Notice of Appeal to add a ground of procedural unfairness regarding lack of opportunity to make representations on penalty
  2. 2 Whether Star may rely on the witness statement of Mr Mountstevens
  3. 3 Whether Star is entitled to specific disclosure of third-party evidence relied on by the PCA, and if so, on what terms

Ratio Decidendi

Star is granted permission to amend its Notice of Appeal to add a ground of procedural unfairness regarding lack of opportunity to make representations on penalty, as this ground has a real prospect of success; Star is permitted to rely on the witness statement of Mr Mountstevens; Star is entitled to disclosure of the specified third-party evidence relied on by the PCA, but only within a confidentiality ring limited to external and in-house lawyers, balancing the need for procedural fairness with the public interest in maintaining confidentiality and avoiding a chilling effect on regulatory investigations.

Court Disposition

Applications granted in part

Orders

  • Permission granted to amend Notice of Appeal to add ground of procedural unfairness regarding opportunity to make representations on penalty.
  • Permission granted to rely on the witness statement of Mr Mountstevens.