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On appeal from: [2017] EWCA Civ 431

This appeal considered 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 decided to refer two questions to the CJEU.

The Court determined that to decide the appeal, it requires answers to the following questions from the CJEU:

(1) Do Regs (EC) Nos 854 and 882 preclude a procedure whereby pursuant to the Food Safety Act 1990, s 9 a Justice of the Peace decides on the merits of the case and on the basis of the evidence of experts called by each side whether a carcass fails to comply with food safety requirements?

(2) Does Reg (EC) No 882 mandate a right of appeal in relation to a decision of an OV under Regulation (EC) No 854, art 5.2 that the meat of a carcass was unfit for human consumption and, if it does, what approach should be applied in reviewing the merits of the decision taken by the OV on an appeal in such a case?

For judgment, please download: [2019] UKSC 36
For Court’s Press Summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (5 Mar 2019 morning session) (5 Mar 2019 afternoon session)