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Judicial Review update

09 November 2016

Errington Cheese Limited embarked upon a judicial review against Food Standards Scotland for two main reasons. Firstly because we were clear that it was unlawful for FSS to have ordered the destruction of our cheeses on 14 September 2016 and secondly because we believed it was incumbent as a matter of fairness for FSS to share the evidence which they have been relying on with us. We are pleased to report that it has now been recognized that the destruction of our cheese was unwarranted and unnecessary and that FSS has finally started to share the evidence which they possess with us.

Today FSS put a proposal to us asking us to drop our judicial review in return for them agreeing to pay the legal costs of this particular action. In light of the recent change in stance by FSS we have agreed to accept this proposal. Consequently this particular judicial review will now not proceed.

We look forward to a constructive meeting with the FSS with the aim of coming to a mutually satisfactory agreement on our stock and production going forward and hope that they will engage with our scientific technical dairy experts.

This company continues to believe that our cheese is safe and fit for human consumption and that there is no link between any of our products and the recent Ecoli.O157 outbreak. We do so in reliance on expert advice which we have obtained from the most respected of scientists. Indeed FSS have not provided us with any evidence to substantiate their allegations about there being a link between Dunsyre Blue and the outbreak of illness.

This continues to be proving a long and frustrating battle and It continues to be the case that we are currently prevented from selling any cheese by the authorities. We continue to fight to re-open our business and to prove our innocence and are frustrated that we are being denied the opportunity to see our case vindicated.