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R (Beer) v Hampshire Farmers Markets Ltd [2003]


  • 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


  • Could this refusal be subject to judicial review


  • Yes


  • 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
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