header-logo header-logo

10 February 2023 / Victor Smith
Issue: 8012 / Categories: Features , Criminal , Local government
printer mail-detail

Access all areas: the ghost of Woolworths (Pt 2)

110181
Victor Smith charts the fall of the decision in Woolworths… and its unexpected rise again in a recent case
  • Despite the Court of Appeal in AB having overturned the suggestion in Woolworths that a prosecution could never meet the expediency test if it was for an offence committed outside the local authority’s area, the decision of the courts of first instance in R (City of York Council) v AUH; R (Birmingham City Council) v BIY nonetheless suggests that Woolworths has not been completely exorcised.

Part 1 of this series considered the decision of the Divisional Court in Brighton and Hove City Council v Woolworths plc [2002] EWHC 2565 (Admin) (Woolworths), in which Mr Justice Field determined that prosecutions for offences outside of the council’s area could not, in the circumstances of the case or otherwise, be expedient for its own inhabitants, as required by s 222(1) of the Local Government Act 1972 (LGA 1972) (see ‘Access all areas: the ghost of Woolworths’,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll