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: 2000 To: 2000
This page lists 10 cases, and was prepared on 02 April 2018.
Boehringer Ingelheim Vetmedica Gmbh and Another v Council of European Union etc Times, 03 February 2000; T-125/96
3 Feb 2000
ECFI
Animals, Health
Where the purpose of European legislation was to protect public health by, in this instance, prohibiting the administration of beta-agonists to farm animals, that purpose was to be given effect even though it might have severe and adverse financial consequences for private individuals and companies.
Kathryne Hamilton-Johnson v R S P C A [2000] EWHC Admin 300
4 Mar 2000
Admn
Animals
[ Bailii ]
Christopher John Gloster v Chief Constable of Greater Manchester Police (2000) 9 PIQR P114; [2000] EWCA Civ 90
24 Mar 2000
CA
Pill and Hale LJJ
Police, Animals
The plaintiff was a police officer. While carrying out his duties he was bitten by a police dog, an Alsatian, which had been trained to be aggressive when working. The claim failed, largely on the ground that on the particular facts the damage was not caused by the relevant characteristic of the dog.
1 Cites
1 Citers
[ Bailii ]
Freen and Others v Director of Public Prosecutions Times, 29 June 2000
29 Jun 2000
QBD
Animals
A 'badger sett' does not include the earth above the tunnels and chambers forming the sett. There had been digging in the area of the sett, and above it, but no evidence of any damage to the sett itself. Because of the penal nature of the provision it was necessary to have a clear meaning for the words. The extended meaning suggested would put others in the countryside undertaking legitimate activities in danger.
Badgers Act 1992
The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review Times, 12 September 2000; [2000] ScotCS 216
28 Jul 2000
SCS
Lord Cowie and Lord Dawson and Lord President
Animals, European, Environment, Scotland
When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds Directive referring to 'this directive' were references to populations within that context, ad not that of the Directive from which the amendment was derived.
EC Birds Directive 79/409/EEC art 4 - EC Habitats Directive 92/43/EEC - Conservation (Natural Habitats, etc) Regulations 1994 (1994 No 2716)
[ Bailii ] - [ ScotC ]
Regina v Daventry District Council ex parte Thornby Farms Times, 05 October 2000; Gazette, 14 September 2000; [2000] EWHC Admin 382
28 Jul 2000
Admn
Lord Justice Pill, Lord Justice Robert Walker, And Mr Justice Laddie
Animals, Agriculture, Environment, European
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied. Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The council was entitled to assume on the evidence that no way of preventing the emissions was available. The requirements of the legislation should have been read to impose a continuing obligation to assess not just the machinery used, but also additional available steps to reduce emissions to a minimum. Nevertheless the decision stood. In the second case, there was no obligation to refuse planning permissions either because there is no immediate need for the land or because the relevant decision makes no positive contribution towards meeting the objective. Appeals refused.
Hazardous Waste Directive 91/689/EEC - Controlled Waste Regulations 1992 - Environmental Protection Act 1990 - Council Directive 75/442/EEC, as amended by 91/156/EEC and 96/350/EEC Waste Framework Directive. Article 4 - Waste Management Licensing Regulations 1994 (1994/1056) - Animal Waste Directive (90/425/EEC) - Air Pollution Directive (84/360/EEC) - Animal By-products Order 1992 (SI 1992 No 3303)
1 Cites
1 Citers
[ Bailii ]
Mcilwaine v Higson, Procurator Fiscal, Airdrie [2000] ScotHC 94; 2000 GWD 31-1211
29 Sep 2000
HCJ
Lord Prosser and Lord Penrose and Lord Bonomy
Scotland, Crime, Animals
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 an attack on one of the children. The dog then broke free and bit the child again. Held: The defendant's appeal succeeded. This had been one incident: "The sheriff considered that this was not a 'single incident'; by grabbing the dog's collar, the appellant was seeking to re-establish her control over him and had succeeded in doing so for a brief period of a few seconds. The sheriff sees what followed as effectively a separate incident upon which conviction would be justified, even if it were not justified in relation to the previous stages of the attack. Having regard to the nature of the incident as a whole, both before and after the appellant's brief and ineffectual hold on Winston's collar, the Advocate Depute accepted that conviction would not be justified on the basis on the resumed attack alone. We are satisfied that the concession was rightly made, and the whole attack is to be regarded as a single incident".
Dangerous Dogs Act 1971 10(3)
1 Citers
[ Bailii ] - [ ScotC ]
Flack v Hudson and Another Times, 22 November 2000; Gazette, 23 November 2000
22 Nov 2000
CA
Animals
Where a co-keeper of a horse was unaware of the animal's propensities, she remained able to claim damages from the other keeper who knew of, but did not disclose, the animal's character. There was nothing in the Act to limit the general rights and duties of a bailor and bailee. The Act created no presumption that the knowledge of each co-keeper of an animal would be the same.
Animals Act 1971 6(3) 2
Commission v France (Judgment) C-374/98; [2000] ECR I-10799; [2000] EUECJ C-374/98
7 Dec 2000
ECJ
European, Environment, Animals
Europa The inventory of areas which are of great importance for the conservation of wild birds, more commonly known under the acronym IBA (Inventory of Important Bird Areas in the European Community), although not legally binding on the Member States concerned, contains scientific evidence making it possible to assess whether a Member State has complied with its obligation to classify as special protection areas the most suitable territories in number and size for conservation of the protected species. It follows from the general scheme of Article 4 of Directive 79/409 on the conservation of wild birds that, where a given area fulfils the criteria for classification as a special protection area, it must be made the subject of special conservation measures capable of ensuring, in particular, the survival and reproduction of the bird species mentioned in Annex I to that directive. The text of Article 7 of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora expressly states that Article 6(2) to (4) of that directive apply, in substitution for the first sentence of Article 4(4) of Directive 79/409 on the conservation of wild birds, to the areas classified under Article 4(1) or (2) of the latter directive. It follows that, on a literal interpretation of that passage of Article 7 of Directive 92/43, only areas classified as special protection areas fall under the influence of Article 6(2) to (4) of that directive. The fact that the protection regime under the first sentence of Article 4(4) of Directive 79/409 applies to areas that have not been classified as special protection areas but should have been so classified does not in itself imply that the protection regime referred to in Article 6(2) to (4) of Directive 92/43 replaces the first regime referred to in relation to those areas.
1 Citers
[ Bailii ]
Regina v Sissen Times, 09 January 2001; Gazette, 01 February 2001; [2000] EWCA Crim 67
8 Dec 2000
CACD
European, Animals, Crime
The fact that some parrots, the breed of which was subject to import controls as endangered species, had been imported into Austria first, did not prevent a defendant in England committing the offence of being involved in their importation by eventually receiving them in England. The offence was a continuing one. Council regulations had direct effect in member states without the need for enacting legislation. The English Act referred to such regulations directly.
Council Regulation (EEC) No 3626/82 (OJ) - Customs and Excise Management Act 1979 170(2)(b)
1 Cites
1 Citers
[ Bailii ]
