header-logo header-logo

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

10 February 2023 / Victor Smith
Issue: 8012 / Categories: Features , Criminal , Local government
printer mail-detail
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’, NLJ, 3 February 2023, pp9-11).

The demise of Woolworths

The

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll