Search Results for: Animals Act 1971 2

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Cresswell and Another v Director Of Public Prosecutions: Admn 30 Nov 2006

The defendants opposed the actions of DEFRA in trapping and then killing badgers. They were accused of criminal damage to the traps. They asserted a lawful excuse in seeking to release the badgers. While a wild animal was alive, there was no absolute property in that animal. There might however be, what was known as … Continue reading Cresswell and Another v Director Of Public Prosecutions: Admn 30 Nov 2006

Turnbull v Warrener: CA 3 Apr 2012

The claimant appealed against rejection of her claim for damages for injury suffered falling from the horse on loan to her. Judges: Maurice Kay VP, Stanley Burnton, Lewison LJJ Citations: [2012] EWCA Civ 412 Links: Bailii Statutes: Animals Act 1971 2(2) Jurisdiction: England and Wales Animals, Personal Injury Updated: 06 October 2022; Ref: scu.452442

Mcilwaine v Higson, Procurator Fiscal, Airdrie: HCJ 29 Sep 2000

A child was chased and mauled by a male Bull Mastiff, Winston, which, along with a female dog of the same breed had run out of the appellant’s house on to a grassy area where children were playing. The appellant had chased after the dogs and managed to seize the male dog after it commenced … Continue reading Mcilwaine v Higson, Procurator Fiscal, Airdrie: HCJ 29 Sep 2000

Harris v Miller: QBD 4 Nov 2016

The claimant child sought damages after falling from the defendant’s horse suffering severe injuries. Judges: HHJ Graham Wood QC Citations: [2016] EWHC 2438 (QB) Links: Bailii Statutes: Animals Act 1971 Jurisdiction: England and Wales Personal Injury Updated: 17 July 2022; Ref: scu.570918

Mirvahedy v Henley and Henley: CA 21 Nov 2001

Horses with no abnormal characteristics were panicked, ran out and collided with a car. The car driver sought damages. Held: The question was not whether the animals betrayed abnormal characteristics of which the owners should have been aware, but rather, given their lack of abnormality, whether the reaction was one which was characteristic of what … Continue reading Mirvahedy v Henley and Henley: CA 21 Nov 2001

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

The court considered whether the claimant had established a profit a prendre against the defendant neighbour’s land in the form of a right of pasturage, acquired either by lost modern grant or by prescription. Held: The appeal succeeded, but the case was remitted for retrial. Four conditions must be complied with for there to be … Continue reading Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Welsh v Stokes and Another: CA 27 Jul 2007

The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence. Held: The appeal failed on either account. The judge had directed himself properly in his … Continue reading Welsh v Stokes and Another: CA 27 Jul 2007

Mirvahedy v Henley and another: HL 20 Mar 2003

The defendants’ horses escaped from the field, and were involved in an accident with the claimant’s car. Held: The defendants were liable under section 2(2). To bolt was a characteristic of horses which was normal ‘in the particular circumstances’, these being some sort of fright or other external stimulus. Section 2 places all animals into … Continue reading Mirvahedy v Henley and another: HL 20 Mar 2003

Freeman v Higher Park Farm: CA 30 Oct 2008

The claimant fell from a horse hired to her by the defendant. She claimed for her injuries, and appealed rejection of her claim in strict liability under the 1971 Act. The horse was known to be lively and occasionally to buck, but the claimant was a very experienced rider. A horse was a domesticated animal … Continue reading Freeman v Higher Park Farm: CA 30 Oct 2008

Clark v Bowlt: CA 26 Jun 2006

A claim was made for personal injury suffered riding a horse. Held: The court doubted whether a propensity occasionally to move otherwise than as directed can be described as a characteristic of a horse, for the purposes of s. 2(2)(b), but, if it can, the trial judge had failed to identify either the particular times … Continue reading Clark v Bowlt: CA 26 Jun 2006

Birmingham City Council v Shafi and Another: CA 30 Oct 2008

The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008

Acts

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Harkin v Hellawell (Sued As the Chief Constable of West Yorks Police): CA 4 Dec 1997

The claimant had been bitten by a police dog and wished to claim damages. She appealed refusal of an order for records of the dog to be disclosed. Held: The request was phrased impossibly widely and had been properly refused. Citations: [1997] EWCA Civ 2915 Statutes: Animals Act 1971 2 Jurisdiction: England and Wales Personal … Continue reading Harkin v Hellawell (Sued As the Chief Constable of West Yorks Police): CA 4 Dec 1997

Cummings v Grainger: CA 1977

An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard. Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon the trespasser defence provided by section 5. The dog had characteristics not normally found in … Continue reading Cummings v Grainger: CA 1977

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997