[2004] EWHC 2954 (Admin)

The exercise of the power of the magistrates' court to rule that proceedings before it were a nullity was dependent on the facts of each case and any error was required to be remedied immediately. On a true construction of the legislation, offences under s.6 and s.7 of the New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 1999 of depasturisation of animals without payment of fees were of a continuing nature and time began to run for limitation purposes from the date on which the animals were identified.

DC (Collins J, Stanley Burnton J)

01/12/2004