Star Pubs & Bars Ltd v Pubs Code Adjudicator

Star Pubs & Bars Ltd v Pubs Code Adjudicator

The right of appeal under section 58(3) of the 2015 Act does not permit challenge to findings of breach of the Code or essential underlying facts; such challenges must be brought by judicial review. The appeal is limited to grounds for imposing the penalty, including assessment of gravity, harm, and awareness. Procedural fairness requires opportunity to make representations on penalty, and disclosure of tenant evidence is ordered within a confidentiality ring to balance competing interests.

Parties
Appellant: Star Pubs & Bars Limited; Respondent: The Pubs Code Adjudicator
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Applications granted in part; preliminary issues determined.
Legal Topics
Statutory Interpretation, Procedural Fairness, Disclosure, Judicial Review, Penalties, Confidentiality
Administrative Law Regulatory Law Commercial Law Statutory Interpretation Procedural Fairness Disclosure Judicial Review Penalties +1 more

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Parties

Star Pubs & Bars Limited

Appellant

The Pubs Code Adjudicator

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Star may amend its Notice of Appeal to add a procedural unfairness ground
  2. 2 Whether Star may rely on the witness statement of Mr Mountstevens
  3. 3 Whether Star is entitled to specific disclosure of tenant evidence

Ratio Decidendi

The right of appeal under section 58(3) of the 2015 Act does not permit challenge to findings of breach of the Code or essential underlying facts; such challenges must be brought by judicial review. The appeal is limited to grounds for imposing the penalty, including assessment of gravity, harm, and awareness. Procedural fairness requires opportunity to make representations on penalty, and disclosure of tenant evidence is ordered within a confidentiality ring to balance competing interests.

Court Disposition

Applications granted in part; preliminary issues determined.

Orders

  • Permission granted to amend grounds of appeal to add procedural unfairness ground.
  • Permission granted to rely on Mr Mountstevens' witness statement.