Animals - 1998

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This page lists 9 cases, and was prepared on 26 February 2010.

John Joseph Richards of Northumberland County Council Trading Standards Department -v- George Forster Stephenson [1998] EWHC Admin 75
27 Jan 1998 Admn	Agriculture, Animals
	Failure to bury sheep carcasses.
	Animal Health Act 1981 73(b) - Animal By-Products Order 1992
	[ Bailii ]

Alan Derek Wright -v- Terence Alfred Steele [1998] EWCA Civ 122
2 Feb 1998 CA	Animals, Personal Injury, Litigation Practice
	Link[s] omitted

Regina -v- Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd C-1/96
2 Apr 1998 ECJ	European, Animals, Commercial
	Restrictions of export of live animals were unsupportable under the treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
	ECTreaty Art 36

Lovett -v- Bussey [1998] EWHC Admin 399; [1998] EWHC Admin 398
3 Apr 1998 Admn	Animals, Crime
	The defendant had blocked up a badger set. He appealed a finding that he had not used 'loose soil'. He said that Parliament had not intended to be using the word 'loose' in a dictionary definition sense of the word. Held: "Loose soil", following the four other materials referred to in section 8(5) is properly to be construed ejusdem generis with them. The use of spit sized lumps of clay may not be loose. There was no statutory requirement or implication that they should not become compacted.
	Protection of Badgers Act 1992 3 8(5)
	Link[s] omitted

United Kingdom -v- Commission (Judgment) C-180/96;; [1996] EUECJ C-180/96R
5 May 1998 ECJ	European, Agriculture, Health, Animals	Casemap 1 Cites
	The European ban of the export of British beef in order to contain the spread of BSE was not disproportionate to the need nor outside the range of possible discretion of the Commission of the Community. Europa In order for an act of the Council or the Commission to form the subject-matter of an action for annulment, it must be intended to have legal effects. That is not the position in the case of an act of the Commission which reflects its intention, or that of one of its departments, to follow a particular line of conduct or which merely confirms a previous act in such a way that annulment of the confirmatory act would follow from annulment of the previous act. In adopting Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy, which imposes, on a temporary basis, a total ban on exports of bovine animals, bovine meat and derived products from the territory of the United Kingdom to the other Member States and to third countries, the Commission acted within the framework of the powers conferred on it by Directives 90/425 and 89/662 concerning veterinary and zootechnical checks applicable in intra-Community trade. First, the conditions governing the adoption of safeguard measures in accordance with those two directives were fulfilled, particularly since the power to adopt such measures is justified by the fact that a zoonosis, disease or other cause is likely to constitute a serious hazard. Second, having regard, in particular, to the fact that the directives are drafted in very wide terms, without imposing any restrictions as to the temporal or territorial scope of the measures concerned, it does not appear that the Commission clearly exceeded the bounds of its broad discretion in seeking to contain the disease within the territory of the United Kingdom by banning exports from that territory to other Member States and to third countries. Lastly, the decision is not vitiated by misuse of powers, since the Commission was prompted to act by concerns as to the risk of transmissibility of bovine spongiform encephalopathy to humans, after examining the measures adopted by the United Kingdom and consulting the Scientific Veterinary Committee and the Standing Veterinary Committee, its exclusive or main purpose not being to protect economic interests rather than health. Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy, which imposes, on a temporary basis, a total ban on exports of bovine animals, bovine meat and derived products from the territory of the United Kingdom to the other Member States and to third countries, fulfils the requirement to provide a statement of reasons, does not breach the principles of proportionality, non-discrimination or legal certainty and is in accordance with the objectives of the common agricultural policy set out in Article 39(1) of the Treaty. As regards, more particularly, the principle of proportionality, it was open to the Commission, in view of the great uncertainty as to the risks posed by the animals and products concerned, to take the protective measures in issue without having to wait until the reality and seriousness of those risks became fully apparent. As regards the principle of non-discrimination laid down in the second subparagraph of Article 40(3) of the Treaty, the fact that, at the time of adoption of the decision, almost all the cases of bovine spongiform encephalopathy in Europe were recorded in the United Kingdom meant that the situation in that Member State could not be regarded as comparable with that in the other Member States. Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty. In that connection, and having regard to the importance of the role played by the free movement of animals, animal products and products of animal origin in achieving those objectives, Article 43 constituted the appropriate legal basis for the adoption of Directives 90/425 and 89/662 concerning veterinary and zootechnical checks applicable in intra-Community trade, even though those directives authorise the Commission incidentally to adopt safeguard measures covering `products of animal origin', `products derived from those products' and `products derived' from animals which are not included in Annex II to the Treaty.
	Link[s] omitted

Raymond Holden -v- Lancashire Justices [1998] EWHC Admin 779
24 Jul 1998 Admn	Animals
	The defendant appealed by way of case stated against a decision convicting him of have clipped the wings of a jackdaw.
	Wildlife and Countryside Act 1981 591)(d)
	Link[s] omitted

Holden -v- Lancaster Justices
2 Oct 1998 QBD	Animals
	A practice of clipping a birds flight feathers every year (after re-growth) did not amount to maiming, since that finding would require a finding as to the future intentions which was speculation and could not be justified.
	Wildlife and Countryside Act 1981 5(1)(d)

Briscoe -v- Shattock
12 Oct 1998 QBD	Animals
	A dog could be held to be a dangerous dog under the Act, even if the only danger shown was to other dogs, and not to humans. Being dangerous reflected the dog's disposition not his acts. No eiusdem generis interpretation with other provisions was appropriate in this case.
	Dogs Act 1871 2

James Briault Cozens -v- David Hobbs (Inspector of Royal Society for Prevention of Cruelty To Animals) [1998] EWHC Admin 1014
28 Oct 1998 Admn	Crime, Animals
	Link[s] omitted