News Court of Appeal allows substitution of correct Appellant in nightclub revocation case.

Court of Appeal allows substitution of correct Appellant in nightclub revocation case.

Commenting, Andy Grimsey, Solicitor at Poppleston Allen said: “The Court of Appeal has given an important Judgment regarding substituting correctly named Appellants for incorrectly named ones in licensing appeals, even if they are two separate corporate entities.  The Court has applied a generous interpretation to the test of “misdescription” (which can often be amended) rather than “mis-identity” (which cannot).

In this case, the Premises Licence Holder was not named as the Appellant; its parent company was.  The parent company had no right to appeal.  The Court of Appeal has held that this is not necessarily fatal to that appeal.

The full text of this interesting Judgment can be found here”.

To view this story and our other E news, download the Poppleston Allen MyLicence App. This contains many easy to use features including a Temporary Event Notice Calculator, a search facility for your local licensing office and a facility for storing your licence details. Download the App for free here


For more information please contact Andy Grimsey
Source:  Poppleston Allen


Commenting, Andy Grimsey, Solicitor at Poppleston Allen said: “The Court of Appeal has given an important Judgment regarding substituting correctly named Appellants for incorrectly named ones in licensing appeals, even if they are two separate corporate entities.  The Court has applied a generous interpretation to the test of “misdescription” (which can often be amended) rather than “mis-identity” (which cannot).

 

In this case, the Premises Licence Holder was not named as the Appellant; its parent company was.  The parent company had no right to appeal.  The Court of Appeal has held that this is not necessarily fatal to that appeal.

 

The full text of this interesting Judgment can be found here”.

 

 

 

To view this story and our other E news, download the Poppleston Allen MyLicence App. This contains many easy to use features including a Temporary Event Notice Calculator, a search facility for your local licensing office and a facility for storing your licence details. Download the App for free here

 

 

For more information please contact Andy Grimsey

Source:  Poppleston Allen