CASEBOOK: Court cases - Court finds no flaw in service of stop notice

The High Court has allowed an appeal by Gloucestershire County Council against a magistrates' ruling that a stop notice had not been properly served on a company accused of tipping waste at a farm.

Cheltenham Magistrates Court had concluded that because the stop notice had not been served personally on the director or company secretary it had not been served properly. In appealing against this decision, the county council claimed that a copy of the stop notice had been left at the company's offices and that it was not necessary to serve copies directly on individuals.

Mr Justice Sullivan agreed, concluding that it was sufficient for the council to prove that it had left a copy at the registered or principal office of the company. It was not necessary for the company to prove that the document had been delivered into the hands of senior managers, he held, ordering the magistrates to reconsider the matter.

Gloucestershire County Council v Keyway (Gloucester) Ltd; Date: 14 November 2003; Ref: CO/4015/2003.

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