[2004] EWHC 2890 (Admin)

A due diligence defence under the Food Safety Act 1990 s.21 (1) could not be relied upon or established where responsibility for a default or omission had been found to lie with a person not included in the defence case. The Administrative Court had power under the Supreme Court Act 1981 s.28A(3)(b) to remedy the defect of a failure to serve a notice under s.21(5) of the 1990 Act by allowing an application to include a defaulting party in order to establish a defence of due diligence.

QBD (Admin) (Forbes J)


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