Meat suppliers win permission for challenge over appeals against watchdog

A meat industry body has been given permission to bring judicial review proceedings over the Food Standards Agency’s powers to prevent challenges to decisions by its veterinary surgeons.

The Association of Independent Meat Suppliers (AIMS) last year lost a previous application for a judicial review on the decision that a bull was unfit for consumption.

But Stephen Hockman QC of 6 Pump Court has now successfully argued on AIMS’ behalf that European Union law requires member states to provide a right of appeal and that the UK Food Safety Act provided such a right.

His application concerned the right of appeal rather than the specifics of the case.

Lady Justice Gloster found that there was “a real chance of an appeal being successful” and allowed it to be heard, a statement by AIMS said. No date has yet been set for the Court of Appeal hearing.

AIMS head of policy Norman Bagley said: “We’re not there yet but this is an important step to ensure healthy carcasses are not disposed of for no good reason and will mean a real gain for farmers.”

The dispute concerned a bull that had been found healthy when sold but was then declared unfit for human consumption at a post-mortem conducted by official vets, who found the animal had had generalised pyaemia. The FSA refused to allow an appeal against the vets' decision or to permit a second opinion to be sought.

Bagley said: “Lady Justice Gloster’s judgement gives considerable confidence that our claim will be successful and the right to appeal, which is routine in other member states and had previously been routine in the UK, will be restored.”

Mark Smulian