“A pet pig who was banned from his owner’s shop by a council has been allowed back in after the discovery of a legal loophole.”
BBC News, 19th April 2011
Source: www.bbc.co.uk
from the Inner Temple Library
“A pet pig who was banned from his owner’s shop by a council has been allowed back in after the discovery of a legal loophole.”
BBC News, 19th April 2011
Source: www.bbc.co.uk
“The owner of a skateboarding dog has been warned he faces being issued with an Asbo if his pet carries on riding without a leash.”
Daily Telegraph, 8th February 2011
Source: www.telegraph.co.uk
Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5
“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”
WLR Daily, 19th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“When a charity objected to plans for a pig factory for up to 25,000 animals, they expected a fight. But now the battle looks likely to intensify after the leading London lawyers Carter-Ruck threatened libel proceedings.”
The Guardian, 18th January 2011
Source: www.guardian.co.uk
Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253
“Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced.”
WLR Daily, 14th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A Flintshire couple have been banned from keeping animals for 10 years after admitting causing unnecessary suffering to a pet dog with a cancerous tumour.”
BBC News, 15th September 2010
Source: www.bbc.co.uk
“Cambridgeshire-based breeder made false claims its pigs would remain pint-sized, ASA rules.”
The Guardian, 18th August 2010
Source: www.guardian.co.uk
“The controversial order to cull badgers in Wales was quashed by the Court of Appeal today.”
The Independent, 13th July 2010
Source: www.independent.co.uk
“A great-grandmother fitted with an electronic tag after a goldfish was sold to a teenager at her pet shop has had her sentence quashed.”
Daily Telegraph, 29th April 2010
Source: www.telegraph.co.uk
“An auctioneer has been fined £1,000 and left with a criminal record for trying to sell a chest of drawers containing 100-year-old birds’ eggs.”
Daily Telegraph, 31st March 2010
Source: www.telegraph.co.uk
“A couple from West Yorkshire have been told they could go to jail after admitting trading in the skins and skulls of endangered species.”
BBC News, 1st March 2010
Source: www.bbc.co.uk
“A charity is seeking a judicial review of a decision to order a cull of badgers in parts of west Wales in an attempt to eradicate bovine TB.”
BBC News, 2nd November 2009
Source: www.bbc.co.uk
“A planning consultant has been convicted of two charges of damaging or destroying the sites of protected bat species at a former hospital building.”
BBC News, 2nd October 2009
Source: www.bbc.co.uk
“A police inspector left unable to work for five months after being trampled by a herd of cattle has received more than £10,000 from the landowner.”
Daily Telegraph, 29th July 2009
Source: www.telegraph.co.uk
“Several universities and major colleges have been ordered to reveal information about their animal experiments by the Information Commissioner’s Office.”
BBC News, 9th April 2009
Source: www.bbc.co.uk
“An attempt began yesterday to stop a patch of land described as one of the country’s top three insect homes being turned into a lorry park and warehouse.”
The Times, 19th November 2008
Source: www.timesonline.co.uk
“The cats will already have figured out that under the government’s new code of conduct for pet owners the rule ‘create a suitable environment for your pet to live in’ should mean extra sardines and access to the duvet pile in the airing cupboard. An eight-week consultation period, on codes of conduct for owners of cats, dogs and horses, was introduced yesterday by the environment secretary, Hilary Benn, who said the guidance gave practical advice on how people should meet their responsibilities under the 2006 Animal Welfare Act.”
The Guardian, 5th November 2008
Source: www.guardian.co.uk
“A group of farmers have launched a legal claim against two laboratories blamed for last year’s outbreak of foot-and-mouth disease, it was announced today.”
The Independent, 17th October 2008
Spurce: www.independent.co.uk
Queen’s Bench Division
“The control of dangerous contagious poultry disease by mass slaughter using ventilation shutdown was compatible and proportionate with European Union law.”
The Times, 16th October 2008
Source: www.timesonline.co.uk
P lease note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A loophole in animal welfare laws that allows primates to be kept as household pets should be closed, an MP has urged.”
BBC News, 13th October 2008
Source: www.bbc.co.uk
“Forget bitter divorce battles with wives seeking multimillion-pound maintenance awards for themselves and their progeny — the latest arena for dispute could be a couple’s animals after a landmark ruling in which a wife has been awarded £50,000 a year in maintenance, just for the upkeep of her three horses.”
The Times, 22nd September 2008
Source: www.timesonline.co.uk
“Low-flying by the RAF caused the death of or serious injuries to dozens of horses, cows, chickens and other animals in a series of incidents for which the Ministry of Defence has paid tens of thousands of pounds of compensation.”
The Times, 1st September 2008
Source: www.timesonline.co.uk
Court of Appeal
“Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence.”
The Times, 5th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Information supplied by applicants for animal experimentation licences was exempt from disclosure under the Freedom of Information Act 2000 if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence, which was a subjective test requiring consideration of the position when the information was given and the intentions of the giver at that time, rather than an objective test derived from the law of confidentiality.”
WLR Daily, 31st July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Farmers said on Friday they would launch a legal challenge if the farm ministry rejected as expected next week a badger cull to help tackle bovine tuberculosis in cattle.”
Reuters, 4th July 2008
Source: www.reuters.com
“A businesswoman who was trampled by cows as she walked through a field is suing the farmer who owns the herd for £1 million.”
Daily Telegraph, 25th June 2008
Source: www.telegraph.co.uk
“The animal health laboratories at the centre of last summer’s foot-and-mouth disease outbreak will not be prosecuted, Surrey County Council says.”
BBC News, 29th May 2008
Source: www.bbc.co.uk
“Two men were today found guilty of harassing a dolphin when they frolicked in the sea with it after leaving a party in the early hours of the morning.”
The Guardian, 17th April 2008
Source: www.guardian.co.uk
“A chicken owner has been given an asbo after his cockerels kept neighbours awake by crowing 400 times an hour. Peter Stoodley, 64, has been ordered to evict 80 birds living at the back of his shop in Yeovil after the council received a ‘sustained period’ of complaints about the noise.”
The Guardian, 16th April 2008
Source: www.guardian.co.uk
“Two men accused of disturbing a dolphin while they swam in the sea after a drunken night out have told a court they believed the animal enjoyed itself.”
The Guardian, 14th April 2008
Source: www.guardian.co.uk
“Nearly 12 years after conservationists asked government to help save the disappearing water vole, the whiskered creature that inspired the character Ratty in Kenneth Grahame’s Wind in the Willows – along with seahorses, a shark and an edible snail – has become one of Britain’s most protected species.”
The Guardian, 31st March 2008
Source: www.guardian.co.uk
“Monks from the largest Hindu temple in Europe, angered by the RSPCA’s slaughter of its sacred cow, will serve the charity with legal papers today.”
The Guardian, 28th March 2008
Source: www.guardian.co.uk
“Breeding newts could stop a couple moving back into their £1m farmhouse after they were flooded out in last summer’s storms.
When the Histeds applied to unblock the ditch on the side of the M4 they were told the species is so rare that potential habitats are protected under the Wildlife and Countryside Act.”
The Guardian, 27th March 2008
Source: www.guardian.co.uk
“Water voles are to be given protection from persecution and accidental disturbance to try to stem the decline in their population. The species has suffered more than a 90 per cent fall in numbers in less than 20 years.”
The Times, 27th February 2008
Source: www.timesonline.co.uk
“In considering the tension between the purposes of s136 of the Local Government Planning and Land Act 1980 (bringing land into effective use) and s40 of the Natural Environment Act 2000 (conserving biodiversity) a benevolent construction should be given to planning decisions and, where a claimant contended that a decision was procedurally flawed, it was right to look behind the words used and see what had in substance been decided.”
WLR Daily, 25th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported the corresponding WLR Daily summary is removed.
“Many people do not think twice about trampling over a spider or beetle while walking on grass. But insects have rights, too, and today in the High Court a charity is to defend the right for the creepy-crawlies to live undisturbed on the West Thurrock marshes along the Thames in Essex.”
The Times, 22nd February 2008
Source: www.timesonline.co.uk
“A council is to challenge legislation after spending £60,000 to move four newts a short distance from the path of a construction site.”
The Times, 15th February 2008
Source: www.timesonline.co.uk
“A ban on using wild animals in travelling circuses because of welfare concerns is not supported by the scientific evidence, a report for the Government has found.”
Daily Telegraph, 21st November 2007
Source: www.telegraph.co.uk
“Lawyers for farmers have begun legal action against two animal testing laboratories for loss of earnings caused by this summer’s outbreak of foot and mouth disease.”
The Guardian, 13th November 2007
Source: www.guardian.co.uk
“Ever since a woman wearing a leopard skin coat was attacked by a pet lion, there have been tight controls on keeping wild animals at home.”
Daily Telegraph, 5th October 2007
Source: www.telegraph.co.uk
Death not ‘adverse effect’
Regina (British Union for the Abolition of Vivisection) v Secretary of State for the Home Department
Queen’s Bench Division
“The death of an animal used in a regulated procedure for scientific experimentation was not an adverse effect which needed to be taken into account when deciding whether to grant a licence for such experiments. Rather, the statutory scheme governing such licences was concerned with the pain and suffering which animals might experience before death.”
The Times, 27th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Farmers who own any of the 214 cows slaughtered so far in the latest foot-and-mouth outbreak will be able to claim compensation but other businesses that have been indirectly damaged are in a much harder legal position.”
The Times, 8th August 2007
Source: www.timesonline.co.uk
“Convictions for animal cruelty in the UK fell by 20% last year, according to new figures released by the RSPCA.”
BBC News, 31st July 2007
Source: www.bbc.co.uk
“An anti-vivisection campaign group won a partial victory yesterday in its High Court claim that the Government was failing in its legal duty to ensure animal suffering was kept to a minimum in UK laboratories.”
The Independent, 28th July 2007
Source: www.independent.co.uk
“Police officers armed with bolt cutters had to be called in last night to help government officials seize Shambo, the sacred Hindu bullock wanted for slaughter.”
Daily Telegraph, 27th July 2007
Source: www.telegraph.co.uk
R (Swami Suryananda, representing the Community of the Many Names of God) v. Welsh Ministers
“The decision to slaughter a Hindu community’s temple bullock as part of a general government policy after testing positive for bovine tuberculosis was lawful and justified and was not a breach of article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Though the decision interfered with the community’s right to freedom of thought, conscience and religion the interference was necessary and proportionate given the importance of eliminating bovine tuberculosis and the fact that the slaughter policy implemented Council Directive 77/391/EEC.”
WLR Daily, 23rd July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“It is cats that are supposed to have nine lives, but Shambo enjoyed more than the average bullock. The six-year-old Friesian was supposed to be slaughtered in May after he was exposed to bovine TB, only to be spared when his Hindu keepers argued he was sacred.”
The Guardian, 26th July 2007
Source: www.guardian.co.uk
“Government legislation aimed at minimising the use and suffering of animals in medical research was branded a failure yesterday by the scientist father of cabinet minister Ed Balls.”
The Guardian, 24th July 2007
Source: www.guardian.co.uk
“The long-running saga of Shambo the bull entered its final chapter yesterday, as the Court of Appeal ruled a slaughter order on the animal was justified, despite his sacred status for the Hindu monks who keep him.”
The Independent, 24th July 2007
Source: www.independent.co.uk
“Shambo, the temple bullock ordered destroyed after a test suggested he may have TB, was reprieved by a high court judge today.”
The Guardian, 16th July 2007
Source: www.guardian.co.uk
“Monks hoping to save a ‘sacred’ bullock called Shambo which has tested positive for bovine TB have made a last-ditch plea to halt a slaughter order.”
BBC News, 29th June 2007
Source: www.bbc.co.uk