Oldham Trading Standards boss fails in bid to strike judge's comments from the record

The head of trading standards at Oldham Council has failed in a bid to get a judicial review of the “severe criticism” he received from a judge, the Manchester Evening News has reported.

Tony Allen was suspended by the local authority after the collapse of a high-profile case at Manchester Crown Court brought against kitchens trader Vance Miller, who had been accused of conspiracy to defraud. The ruling left Oldham nursing a £4m bill.

Allen told Mr Justice Langstaff at the High Court that comments from Judge Jonathan Foster QC would “almost certainly” end his career, and that there was pressure on the council to use him as a “scapegoat”.

He said: “The net effect of Judge Foster's ruling, the damage to the reputation of the council, means that the council is faced with having to try to find something upon which it can conceivably justify summary dismissal.”

Allen pointed out that an internal investigation had cleared him of four allegations in Judge Foster's ruling, but two other matters were being reviewed. Judge Foster said Allen's desire to close down the business had “coloured his thinking” and meant he lost his objectivity.

Mr Justice Langstaff threw out Allen's claim, saying the court had no jurisdiction to consider it and the council had “ample opportunity” to appeal Judge Foster's ruling. He added: “It seems to me there is a very clear public interest in a judge being able to express his views.”

Allen told the Manchester Evening News after the hearing: “It's disappointing. You've got no way of defending yourself against comments made by a judge, however unjustified.”