Rebecca Upton, instructed by a company director, successfully secured the withdrawal of 12 summons against a man accused of breaches of the Food Safety and Hygiene Regulations and the Health and Safety at Work Act.
Wealden District Council claimed that the director was responsible for the alleged breaches due to his role within the company. 10 of the breaches were withdrawn after the Council were directed to the Regulatory time limits for such prosecutions; the offences were out of time. The remaining 2 alleged breaches were withdrawn after the Council considered submissions regarding the director’s distance from the day to day running of the business. A defendant’s costs order was then granted.