Facts
- The defendant company took over the running of a local market from a local authority on local authority land
- Beer was refused a permit to trade at the market
Issue
- Could this refusal be subject to judicial review
Decision
- Yes
Reasoning
- There was sufficient ‘public element’ to the functions carried out by the defendant company, therefore Datafin is applicable and the company was subject to judicial review under s 6 of the Human Rights Act 1998
