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.
Judges:
Mr Nigel Pleming QC (Sitting As A Deputy High Court Judge
Citations:
[2001] EWHC Admin 1047
Links:
Statutes:
Animal Health Act 1981, Animal By-Products Order 1999, European Convention on Human Rights, Council Directive 90/667/EEC of 27th November 1990.
Citing:
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Animals, Human Rights, Judicial Review, Administrative
Updated: 05 June 2022; Ref: scu.167368