A trout farm owner has successfully challenged a refusal to allow him to take part in farmers’ markets organised by Hampshire Farmers Markets Ltd, a company set up by Hampshire County Council for the.
An issue arose as to whether the company, as successor to the council in these duties, was susceptible to judicial review, or whether it should be viewed as a public body.
The High Court has found that the company’s actions are open to challenge by way of judicial review. Field J said that although the company was a private body, it was in a position to control access to public markets and exercised a public function.
He said that was a function that had formerly been exercised by the local authority, and that the company had effectively stepped into the shoes of the council. In those circumstances, he said, it was susceptible to judicial review.
The trout farm owner had claimed that his human rights had been breached, in that he had not been given a fair and public hearing by an independent and impartial tribunal.
ALIGN=”JUSTIFY”>R (on the application of Beer (t/a Hammer Trout Farms)) v Hampshire Farmers Markets Ltd Queen’s Bench Division (Field J) 25 November 2002.
ALIGN=”JUSTIFY”>PLS News 26/11/02
