02 June 2017
R (on the application of Forsey) v Northern Derbyshire Magistrates’ Court [2017] EWHC 1152 (Admin), [2017] All ER (D) 121 (May)
The Divisional Court dismissed the claimant’s application for judicial review of the defendant court’s refusal to stay his prosecution for an alleged failure to give notice to the secretary of state for certain redundancies, under s 194 of the Trade Union and Labour Relations (Consolidation) Act 1992. As s 194(2) of the Act did not oust the principle in Carltona Ltd v Commissioners of Works and others [1943] 2 All ER 560, the proceedings against the claimant had been properly instituted.
