A LEGAL battle between Torfaen Trading Standards and a butcher accused of keeping meat beyond its use-by date should go back before magistrates, the Supreme Court ruled.

In December 2010, inspectors from the council’s Trading Standards team visited Douglas Willis Ltd at Grange Road Industrial Estate, in Cwmbran, and found a number of packages of frozen meat labelled with use-by dates which had passed.

The case went to court in June 2011 and was dismissed by Gwent justices on September 1, 2011, on a submission by the company that there was no case to answer because the prosecution had to prove the food was “highly perishable”.

The council was granted permission to appeal. The company was not represented when the appeal was heard, because “the combination of costs which it would incur in contesting the appeal and its potential liability to pay the council’s costs presented a bigger threat to it than the likely amount of any fines”, said the Supreme Court judgement published yesterday.

In the judgement, leader of the bench Lord Toulson said Gwent justices were wrong to accept the company’s submission of no case to answer, and said it was sufficient for the prosecution to prove the defendant had food in its possession “for the purpose of sale which was the subject of a mark or label showing a use-by date which had passed”.

“In view of the passage of time it would be inappropriate to remit the case to the original justices to continue the hearing,” said Lord Toulson, who said the Court of Appeal’s direction that a different panel should hear the case will stand.

Steve Whitehouse, head of trading standards for Torfaen council said the legal arguments in this case have “significant importance nationally” for the food industry.

Jonathan Hill from RDP Solicitors in Newport, representing Douglas Willis Ltd, said there had been no benefit for the company in contesting the appeal.

A date for the next court hearing is yet to be fixed.