swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Animals - From: 2001 To: 2001
This page lists 7 cases, and was prepared on 02 April 2018.
Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij Times, 19 July 2001; [2001] EUECJ C-189/01; C-189/01; [2001] ECR I-5689; ECLI:EU:C:2001:420
12 Jul 2001
ECJ
Agriculture, European, Animals
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be moved nor mix with other animals. They claimed that the ban on vaccination which left the cull as an only alternative, was made without regard to a principle of promoting the welfare of animals. The protection of animals was neither an objective of the community, nor a principle of law. The directive was not manifestly inappropriate.
ECJ Agriculture - Control of foot-and-mouth disease - Prohibition of vaccination - Principle of proportionality - Taking animal welfare into account
"the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate"
1 Citers
[ Bailii ]
Mills v Ministry of Agriculture, Fisheries and Food [2001] EWCA Civ 1346
30 Jul 2001
CA
Latham, Rix, Longmore LJJ
Animals, European
The appellant had been prosecuted for alleged offences.
Animal Health Act 1981 69 - Export of Animals (Protection) Order 1981 - Council Directive 77/489/EEC
[ Bailii ]
Warwick District Council v Secretary of State for Transport, Local Government and the Regions and Others Gazette, 11 October 2001
2 Oct 2001
Admn
Burton J
Planning, Agriculture, Animals
The second respondent extended their facilities at their abattoir to include more lairage. It was done without planning permission, and the abattoir was in the Green Belt. After an enquiry following a challenge of an enforcement notice, the inspector found that the damage to the green belt was slight. Removing the facility would not decrease traffic, and would compromise animal welfare. The authority challenged the decision saying that the inspector had not allowed for the possible reduced level of business which would follow the satisfaction of the enforcement notice. Held though the decision was criticised, the inspector had taken account of such issues and the decision could not be set aside.
Town and Country Planning Act 1990 288
Tridon, Federation departementale des chasseurs de l'Isere, and Federation Rhone-Alpes de protection de la nature (Frapna), section Isere C-510/99; [2001] EUECJ C-510/99; [2001] ECR I-7777; [2002] All ER (EC) 534; ECLI:EU:C:2001:559; [2002] Env LR D 5; [2003] 1 CMLR 2
23 Oct 2001
ECJ
Animals, Environment
ECJ Wild fauna and flora - Endangered species - Application in the Community of the Washington Convention
[ Bailii ]
Wykeham (Trading as Knightwood Kennels) and Another v The Minister of State for Agriculture, Fisheries and Food [2001] EWHC Admin 979
19 Nov 2001
Admn
Rafferty J
Administrative, Animals
Appeal from refusal of leave to seek judicial review of letter altering arrangements for compensation to quarantine kennels on the relaxation quarantine requirements.
[ Bailii ]
Mirvahedy v Henley and Henley Times, 11 December 2001; Gazette, 17 January 2002; [2001] EWCA Civ 1749
21 Nov 2001
CA
The President Of The Family Division, Lady Justice Hale, And, Lord Justice Keene
Animals, Personal Injury
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 might be expected of a normal member of that species in those circumstances. If it was the latter, then the owner was strictly liable.
Animals Act 1971 2(2)(b)
1 Cites
1 Citers
[ Bailii ]
Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another [2001] EWHC Admin 1047
17 Dec 2001
Admn
Mr Nigel Pleming QC (Sitting As A Deputy High Court Judge
Agriculture, Animals, Human Rights, Judicial Review, Administrative
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant's land to execute works required under the notice, and the claimant argued this interfered with their property rights under the Convention. The maggot waste which had been supplied to him had included other animal wastes. Held: Neither the Act for the Order allowed any provision for an appeal. Was judicial review a sufficient alternative remedy? Some of the significant decisions predated the Human Rights Act, and the actual procedure adopted allowed representations to be made, and for review if necessary. The Act was compliant.
Animal Health Act 1981 - Animal By-Products Order 1999 - European Convention on Human Rights - Council Directive 90/667/EEC of 27th November 1990.
1 Cites
[ Bailii ]
