A Halal butcher purporting to represent a large number of others brought a claim against the charity alleging that its requirement that certified butchers only sell fresh meat certified by the charity was in breach of the charitable objects of the organisation, was in breach of natural justice and the doctrine of restraint of trade. HMC applied to strike out the claim form.
The High Court in allowing HMC’s application found that the claim form disclosed no reasonable grounds and in particular that there was no restraint of trade in circumstances where HMC was not a trading body, nor sought to make a profit and where there was no compulsion to join HMC’s certification scheme.
Samantha Knights QC was involved in this case.