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The High Court refused an application by a retail association to cross-examine a government official in judicial review proceedings challenging the legality of new licence fees for the sale of tobacco and nicotine inhaling products. The court held that cross-examination was not warranted as there were no factual disputes requiring resolution; the applicant simply disagreed with the Minister's evidence but did not provide any alternative account or contradicting evidence. The lawfulness of the Minister's actions will instead be determined based on the written evidence, and the applicant's argument concerns legal interpretation rather than unresolved facts.
judicial review – cross-examination application – tobacco licence fees – Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 – Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 (Fees) Regulations 2024 – retail association – statutory instrument challenge – Minister for Health – methodology for licence fees – Rules of the Superior Courts (RSC) Order 40 rule 1 – ultra vires – arbitrary and capricious fee setting – administrative law – costs reserved
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