Animals - 2000

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This page lists 9 cases, and was prepared on 15 November 2008.

Boehringer Ingelheim Vetmedica Gmbh and Another (Supported by Uk and Another, Interveners) -v- Council of the European Union (Supported by Stichting Kwaliteitsgarantie Vleeskalverensector (Skv) and Another, Interveners) Etc Case T-125/96 and T-152/96
3 Feb 2000 ECFI	Animals, Health, European
	Where the purpose of European legislation was to protect public health by, in this instance, prohibiting the administration of beta-agonists to farm animals, that purpose was to be given effect even though it might have severe and adverse financial consequences for private individuals and companies.

Kathryne Hamilton-Johnson -v- R S P C A [2000] EWHC Admin 300
4 Mar 2000 Admn	Animals
	Link[s] omitted

Christopher John Gloster -v- Chief Constable of Greater Manchester Police (2000) 9 PIQR P114; [2000] EWCA Civ 90
24 Mar 2000 CA Pill and Hale LJJ	Police, Animals	Casemap 1 Cites 1 Citers
	The plaintiff was a police officer. While carrying out his duties he was bitten by a police dog, an Alsatian, which had been trained to be aggressive when working. The claim failed, largely on the ground that on the particular facts the damage was not caused by the relevant characteristic of the dog.
	Link[s] omitted

Freen and Others -v- Director of Public Prosecutions
29 Jun 2000 QBD	Animals
	A 'badger sett' does not include the earth above the tunnels and chambers forming the sett. There had been digging in the area of the sett, and above it, but no evidence of any damage to the sett itself. Because of the penal nature of the provision it was necessary to have a clear meaning for the words. The extended meaning suggested would put others in the countryside undertaking legitimate activities in danger.
	Statute References omitted

The Royal Society for the Protection of Birds and Another -v- the Secretary of State for Scotland for Judicial Review [2000] ScotCS 216
28 Jul 2000 SCS Lord Cowie and Lord Dawson and Lord President	Animals, European, Environment, Scotland
	When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds Directive referring to 'this directive' were references to populations within that context, ad not that of the Directive from which the amendment was derived.
	Statute References omitted
	Link[s] omitted

Regina -v- Daventry District Council ex parte Thornby Farms [2000] EWHC Admin 382
28 Jul 2000 Admn Lord Justice Pill, Lord Justice Robert Walker, And Mr Justice Laddie	Animals, Agriculture, Environment, European	Casemap 1 Cites 1 Citers
	The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied. Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The council was entitled to assume on the evidence that no way of preventing the emissions was available. The requirements of the legislation should have been read to impose a continuing obligation to assess not just the machinery used, but also additional available steps to reduce emissions to a minimum. Nevertheless the decision stood. In the second case, there was no obligation to refuse planning permissions either because there is no immediate need for the land or because the relevant decision makes no positive contribution towards meeting the objective. Appeals refused.
	Statute References omitted
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Flack -v- Hudson and Another
22 Nov 2000 CA	Animals
	Where a co-keeper of a horse was unaware of the animal's propensities, she remained able to claim damages from the other keeper who knew of, but did not disclose, the animal's character. There was nothing in the Act to limit the general rights and duties of a bailor and bailee. The Act created no presumption that the knowledge of each co-keeper of an animal would be the same.
	Statute References omitted

Commission -v- France (Judgment) C-374/98; [2000] ECR I-10799
7 Dec 2000 ECJ	European, Environment, Animals	Casemap 1 Citers
	Europa The inventory of areas which are of great importance for the conservation of wild birds, more commonly known under the acronym IBA (Inventory of Important Bird Areas in the European Community), although not legally binding on the Member States concerned, contains scientific evidence making it possible to assess whether a Member State has complied with its obligation to classify as special protection areas the most suitable territories in number and size for conservation of the protected species. It follows from the general scheme of Article 4 of Directive 79/409 on the conservation of wild birds that, where a given area fulfils the criteria for classification as a special protection area, it must be made the subject of special conservation measures capable of ensuring, in particular, the survival and reproduction of the bird species mentioned in Annex I to that directive. The text of Article 7 of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora expressly states that Article 6(2) to (4) of that directive apply, in substitution for the first sentence of Article 4(4) of Directive 79/409 on the conservation of wild birds, to the areas classified under Article 4(1) or (2) of the latter directive. It follows that, on a literal interpretation of that passage of Article 7 of Directive 92/43, only areas classified as special protection areas fall under the influence of Article 6(2) to (4) of that directive. The fact that the protection regime under the first sentence of Article 4(4) of Directive 79/409 applies to areas that have not been classified as special protection areas but should have been so classified does not in itself imply that the protection regime referred to in Article 6(2) to (4) of Directive 92/43 replaces the first regime referred to in relation to those areas.
	Link[s] omitted

Regina -v- Sissen [2000] EWCA Crim 67
8 Dec 2000 CACD	European, Animals, Crime	Casemap 1 Cites 1 Citers
	The fact that some parrots, the breed of which was subject to import controls as endangered species, had been imported into Austria first, did not prevent a defendant in England committing the offence of being involved in their importation by eventually receiving them in England. The offence was a continuing one. Council regulations had direct effect in member states without the need for enacting legislation. The English Act referred to such regulations directly.
	Statute References omitted
	Link[s] omitted