R (AIMS and Another) (Appellants) v Food Standards Agency (Respondent)

R (on the application of Association of Independent Meat Suppliers and another) (Appellants) v Food Standards Agency (Respondent)

UKSC 2017/0126

Court of Appeal (Civil Division)

In 2014, Cleveland Meat Company Limited (“Cleveland”) purchased a bull at Darlington Farmers Mart for about £,1400. After the animal was slaughtered, the Official Veterinarian (“OV”) found that the animal was diseased and so declared it unfit for human consumption, and refused to award it a health mark. Cleveland did not agree with the OV’s decision. Cleveland considered the bull was healthy and sought to challenge the OV’s decision. The Food Standards Agency, however, took the view that there was no right to appeal against or challenge a decision of an OV as to the fitness of meat for human consumption. Cleveland brought a claim for judicial review of the decision that it had no right of appeal against the OV’s decision.

The issue is:

The issue is whether there is a right of appeal against an Official Veterinarian’s assessment of the fitness of meat for human consumption where there is a dispute as to the fitness of the meat for human consumption.

The Supreme Court unanimously dismisses the appeal. The judgment is given by Lady Hale and Lord Sales, with whom Lord Hodge, Lady Black, and Lord Lloyd-Jones agree.

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