The Effect in the European Community of Judgments in Civil and Commercial Matters: Recognition, Res Judicata and Abuse of Process: Report for England and Wales

Estoppel

Professional Conduct Casebook ◽

10.1093/oso/9780198817246.003.0027 ◽

2019 ◽

Author(s):

Kenneth Hamer

Keyword(s):

Supreme Court ◽

Judicial Review ◽

England And Wales ◽

Res Judicata ◽

The Supreme Court ◽

Chartered Accountants ◽

Court Of Appeal ◽

Disciplinary Committee

The Supreme Court held that the doctrine of cause of action estoppel applied to successive complaints before a professional disciplinary body, that disciplinary proceedings were civil in nature and that therefore the principles of res judicata applied, and that there was no reason why cause of action estoppel should not apply to successive sets of proceedings before the Disciplinary Committee of the Institute of Chartered Accountants in England and Wales (ICAEW). The Supreme Court so held in allowing an appeal by C-W, a chartered accountant, against the Court of Appeal, which had upheld the dismissal of his application for judicial review of the decision by the Committee to refuse to dismiss a second complaint based on the same facts of a first complaint that had been dismissed on the merits.

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The Contamination of Pâté with Listeria monocytogenes—Results from the 1994 European Community-Coordinated Food Control Program for England and Wales

Journal of Food Protection ◽

10.4315/0362-028x-61.10.1299 ◽

1998 ◽

Vol 61 (10) ◽

pp. 1299-1304 ◽

Cited By ~ 11

Author(s):

G. NICHOLS ◽

J. McLAUCHLIN ◽

J. de LOUVOIS

Keyword(s):

Listeria Monocytogenes ◽

European Community ◽

Control Program ◽

Cross Contamination ◽

Food Control ◽

Retail Sale ◽

England And Wales ◽

Significant Difference ◽

Areas Of Concern ◽

Time Of Collection

The Listeria monocytogenes contamination of 3,065 pâté products sampled at the point of retail sale in England and Wales was examined. Ninety-seven percent of samples were free of contamination with L. monocytogenes, 2.0% (60) had levels of less than 200 CFU/g, and 0.6% (18) had levels of 200 CFU/g or more. Fish and seafood pâté were significantly more commonly contaminated by L. monocytogenes than other pâté types (χ2 test, P = 0.001). Pâté obtained from small retail shops was significantly more likely to be contaminated at levels of ≥200 CFU/g (χ2 tests, P < 0.0005) than that obtained from supermarkets. L. monocytogenes was isolated significantly more often (χ2 tests, P < 0.00002) from packs of pâté that were open at the time of collection (3.8%) than those that were sold prepacked (1.2%). There were also significantly more samples (χ2 test, P = 0.0009) where L. monocytogenes was recovered at higher levels (≥200 CFU/g) in opened, as compared to prepacked, samples. There was a significant difference in the rates and levels of contamination of opened samples between shops and supermarkets (χ2 tests, P < 0.0025). Evidence from this study shows that most of the pâté sold in England and Wales is not contaminated with L. monocytogenes, and we suggest that the main areas of concern are cross-contamination and the length of display of pâté sold from opened packs.

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