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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: 2003 To: 2003

This page lists 13 cases, and was prepared on 02 April 2018.

 
Commission v Netherlands C-205/01; [2003] EUECJ C-205/01
16 Jan 2003
ECJ

European, Animals
ECJ Failure of a Member State to fulfil its obligations - Directive 86/609/EEC - Protection of animals used for experimental and other scientific purposes - Incomplete transposition.
Directive 86/609/EEC
[ Bailii ]
 
Habton Farms (an Unlimited Company) v Nimmo Times, 07 February 2003; [2003] EWCA Civ 68; [2003] 3 WLR 633; [2004] QB 1
6 Feb 2003
CA
Auld, Clarke, Jonathan Parker, LJJ
Animals, Contract, Damages, Agency
The first defendant had arranged for the purchase of a racehorse from the claimant, wrongly claiming to be acting as agent for the second defendant. The claimant did not then put forward the horse for sale in subsequent auctions, but then the horse contracted peritonitis and died. Held: The first defendant was liable for breach of warranty of authority. Since the claimant had decided not to put the horse in the auction because he considered the horse to have been sold already, the damages were not to be reduced by what might have been recovered at auction, because that failure derived from the sale itself.
[ Bailii ]
 
Shufflebottom v Chief Constable of Greater Manchester Times, 13 February 2003; [2003] EWHC 246 (Admin)
7 Feb 2003
QBD
Mackay J
Police, Animals, Magistrates
The magistrates were asked to make a finding against a dog which was kept within their jurisdiction, but where the incident upon which the application was based, had occurred in Scotland. The appellant contended it should have been heard in Scotland because of section 52 of the 1980 Act. Held: The 1871 Act conferred a civil jurisdiction, and was related to its care. The section was intended to encourage dangerous dogs to be restrained properly. The case fell within th esecond or third categories of section 52, and the magistrates had jurisdiction.
Dogs Act 1871 2 - Magistrates Courts Act 1980 52
[ Bailii ]
 
Cornwall County Council v Baker [2003] EWHC 374 (Admin); [2003] 2 All ER 178
18 Feb 2003
Admn
Toulson J
Animals
The defendant had been convicted of cruelty to his animals. The prosecutor appealed dismissal of an application for an interim order for protection under the 2000 Act in respect of other animals not the subject of the application. Held: The 2000 Act preserved the meanings used in the 1911 Act, and the section did not extend to animals other than those who had been the subject of the proceedings. In this case the words 'and for connected purposes' were insufficient to extend the ambit of the Act.
Protection of Animals (Amendment) Act 2000 2 - Protection of Animals Act 1911 1
1 Cites

1 Citers

[ Bailii ]
 
Commission v Belgium (Judgment) C-415/01; [2003] EUECJ C-415/01
27 Feb 2003
ECJ

European, Environment, Animals
Complaint was made that the member state had failed to implement the Directive. Held: The state did not dispute its failure, and the complaint was upheld. There was provision applying to the Région flamande to automatically link the classification of a site as an Specially Protected Aarea to the application of the system of protection and conservation required by Community law.
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds
[ Bailii ]
 
Mirvahedy v Henley and another Times, 24 March 2003; [2003] UKHL 16; Gazette, 15 May 2003; [2003] 2 AC 491; [2003] RTR 26; [2003] PIQR P25; [2003] NPC 38; [2003] 2 WLR 882; [2003] 2 All ER 401
20 Mar 2003
HL
Lord Nicholls of Birkenhead, Lord Nicholls
Animals, Road Traffic, Personal Injury
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 one of two categories by their species. Animals either belong to a dangerous species, or they do not. A keeper of an animal is liable for damage caused by his animal dependant upon the category. A dangerous species must meet two requirements, a) that it is not commonly domesticated here and b) that fully grown animals 'normally have such characteristics that they are likely, unless restrained, to cause severe damage or that any damage they may cause is likely to be severe'.
Lord Nicholls: "Take a large and heavy domestic animal such as a mature cow. There is a real risk that if a cow happens to stumble and fall onto someone, any damage suffered will be severe. This would satisfy requirement (a). . . But a cow's dangerousness in this regard may not fall within requirement (b). This dangerousness is due to a characteristic normally found in all cows at all times. The dangerousness results from their very size and weight. It is not due to a characteristic not normally found in cows 'except at particular times or in particular circumstances.'"
Animals Act 1971 2 6(2) 11
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Clement, Regina (on the Application Of) v Durham County Magistrates' Court [2003] EWHC 1154 (Admin)
26 Mar 2003
Admn

Animals, Agriculture

Pigs (Records, Identification and Movement) Order 1995
[ Bailii ]
 
Royal Society for the Prevention of Cruelty To Animals, Regina (on the Application Of) v Shinton [2003] EWHC 1696 (Admin); Times, 23 July 2003
30 Jun 2003
Admn
Leveson J
Animals, Crime
The defendant was licensed to set Larson traps to catch magpies. The traps worked by keeping a magpie as a decoy to attract others. The evidence was that the trapped magpie suffered distress and injury because the trap was so small as not to allow it to spread its wings. Held: The defendant was not liable under the 1981 Act, but in the light of the evidence, was liable under the 1911 Act.
Protection of Animals Act 1911 1(1)(a) - Wildlife and Countryside Act 1981 8(1)
1 Cites

[ Bailii ]
 
Worcestershire County Council v Tongue and others Times, 01 October 2003; Gazette, 16 October 2003; [2004] Ch 236
6 Aug 2003
ChD
Neuberger J
Local Government, Animals
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had power to make orders to support actions remedying infringements of statutes where the local authority had the enforcement powers. It could therefore grant an injunction requiring somebody to stop doing something it had already been ordered not to do, but in this case more was sought, the power to trespass on the land and convert goods. The authority still required as a minimum some direct interest in the goods, the animals sought to be recovered. Here there was no express statutory right or interest to support the application, and it failed.
Local Government Act 1972 222
1 Cites

1 Citers


 
Commission v Netherlands C-322/00; [2003] EUECJ C-322/00
2 Oct 2003
ECJ

European, Animals, Environment
ECJ Failure of a Member State to fulfil its obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III - Capacity of storage vessels for livestock manure - Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation - Ensuring that the amount of livestock manure applied to land each year does not exceed a specified amount per hectare - Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers - Obligation to adopt any additional measures or reinforced actions necessary
Directive 91/676/EEC
[ Bailii ]
 
Hughes v Director of Public Prosecutions [2003] EWHC 2470 (Admin)
27 Oct 2003
Admn

Crime, Animals

Wildlife and Countryside Act 1981 1(2)(a) 21(a)
[ Bailii ]
 
Commission v United Kingdom C-434/01; [2003] EUECJ C-434/01
6 Nov 2003
ECJ

European, Animals, Environment
ECJ Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora
Directive 92/43/EEC
[ Bailii ]
 
Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs [2003] EWHC 2850 (Admin); Times, 05 December 2003
27 Nov 2003
Admn
Newman J
Agriculture, European, Animals
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive required the respondent to control compliance through criminal sanctions. The respondent had adopted a scheme of only civil enforcement. Held: The obligations were expressed in a general fashion, which was to be taken to allow the respondent a discretion as to how the objectives could be achieved. The objectives of the Directive were not to be confused with the means of attaining them. The respondent was entitled to conclude that a criminal code might be counter-productive.
Council Directive 98/58/EC - Agriculture (Miscellaneous Provisions) Act 1968 2 - Welfare of Farmed Animals (England) Regulations 2000
1 Cites

1 Citers

[ Bailii ]
 
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