NEWS

27 Apr 2018

Stephen Hockman QC and David Hercock successful in the Court of Appeal

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On 26 April 2018 the Court of Appeal Criminal Division handed down judgment in R v M Najib & Sons Limited [2018] EWCA 909 (Crim).

Stephen Hockman QC and David Hercock represented the appellant company and successfully overturned the company’s conviction for an alleged offence under the Transmissible Spongiform Encephalopathies (England) Regulations 2010.

TSEs are a group of infectious diseases which affect the nervous system (including the brain) of many animals. The case concerned the UK’s obligation under European Union legislation to carry out an annual monitoring programme for TSE in sheep. The central question in the appeal was whether the national 2010 Regulations created a legal obligation on approved slaughterhouses to assist inspectors in taking samples for the purpose of a programme for TSE monitoring.

The Court of Appeal agreed with the appellant’s submissions that there was no such legal obligation and allowed the company’s appeal against its conviction.

A full copy of the Court of Appeal judgment can be found here.