The appellant Registrar appealed a Divisional Court decision upholding a Licence Appeal Tribunal finding that the Registrar failed to establish reasonable grounds to believe the respondent funeral home's low-temperature alkaline hydrolysis operation posed a risk to public health and safety.
The Court of Appeal dismissed the appeal, agreeing that the onus was on the Registrar to prove the risk, not on the respondent to prove safety.
The Court found no error in the Tribunal's conclusion that the precautionary principle did not apply and that conditions should not be imposed on the business.