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 a qualified property in the animal in three circumstances.
Judges:
Mr Justice (Paul) Walker, Keene L
Citations:
[2006] EWHC 3379 (Admin), 171 JPR 233
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
Lists of cited by and citing cases may be incomplete.
Animals, Crime
Updated: 22 November 2022; Ref: scu.376260
