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: 2004 To: 2004
This page lists 8 cases, and was prepared on 02 April 2018.
Corporation of London v Eurostar (Uk) Ltd [2004] EWHC 187 (Admin)
20 Jan 2004
Admn
Crime, Animals
Rabies (Importation of Dogs, Cats and other Mammals) Order 1974
[ Bailii ]
Donaldson v Wilson [2004] EWCA Civ 123
26 Jan 2004
CA
Animals, Personal Injury
The owner of cattle sought leave to appeal a finding of negligence in his having failed to maintain the fences on his property, which in turn allowed his cattle to stray into the road and cause an accident in which the claimant was severely injured. The judge found that there was a risk that walkers would fail to close any gate, and that the farmer should therefore have installed a self closing gate. Held: Although the defendant's appeal had little prospect of success, given the importance of the decision to farmers and insurers, the application for leave to appeal was granted subject to an indemnity to the claimant for his costs.
1 Cites
1 Citers
[ Bailii ]
Regina v Cox (Jacqueline) Times, 20 February 2004
27 Jan 2004
CACD
Lord Woolf, LCJ, Moses, Levenson JJ
Criminal Sentencing, Animals
The defendant had been sentenced to nine months imprisonment for the aggravated offence of failing to control her dogs. Held: Parliament clearly intended that imprisonment should be available to the courts in approriate circumstances. The court was correct to take into account the effects of the offence, in this case a very severe mauling of a young child. Imprisonment was appropriate, but the sentence was reduced to three months. A 10 year ban on keeping dogs remained.
Dangerous Dogs Act 1991 3(1)
Worcestershire County Council v Tongue, Tongue, and Tongue [2004] EWCA Civ 140; Gazette, 18 March 2004; [2004] 2 Ch 36
17 Feb 2004
CA
Lord Justice Chadwick Lord Justice Peter Gibson Sir Martin Nourse
Animals, Litigation Practice
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:" truth what the Council is doing is to point to deficiencies in the present criminal law and to ask the court to make an order overcoming those deficiencies."
Protection of Animals Act 1911 1 - Protection of Animals (Amendment) Act 2000
1 Cites
1 Citers
[ Bailii ]
Sissen, Regina (on the Application of) v Newcastle Upon Tyne Crown Court and Another [2004] EWHC 1905 (Admin)
9 Jul 2004
Admn
Customs and Excise, Animals
Customs and Excise Management Act 1979 141
1 Cites
1 Citers
[ Bailii ]
Wilson v Donaldson [2004] EWCA Civ 972
9 Jul 2004
CA
Lord Justice Potter Lord Justice Rix Mr Justice Munby
Animals, Road Traffic
Cattle strayed from a field onto the road. A motorist was injured and claimed damages. The farmer appealed. Held: the judge had been correct that the farmers should have recognised the risk, and taken simple and inexpensive steps to avoid the risk. The ancient common law immunity for animals was abolished in 1971. '. . the defendant is in business as a farmer, having therefore to exercise his mind about the risks inherent in his business and the means of protecting against such risks, whether such protection is to himself, the set-up of his farm or to third parties.' Appeal dismissed.
Animals Act 1971
1 Cites
1 Citers
[ Bailii ]
Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs [2004] EWCA Civ 1009; Times, 09 August 2004
29 Jul 2004
CA
Lord Justice Judge Lord Justice May Lord Justice Sedley
Animals
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare. Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would leave breeder chickens facing chronic hunger. The obligation was to pursue policies which would promote animal well-being, which allowed that the policies might not succeed, given that a balance had to be found. Any order for prosecution could only be in respect of particular circumstances which were not before the court.
Agriculture (Miscellaneous Provisions) Act 1968 - Welfare of Farmed Animals (England) Regulations 2000 (SI 2000 No 1870) - Council Directive 98/58/EC
1 Cites
[ Bailii ]
Hall and Others v Stop Newchurch Guinea Pigs [2004] EWHC 3036 (QB)
2 Dec 2004
QBD
Hodge J
Animals
The claimants bred guinea pigs for scientic research, and sought orders to prevent protesters interrupting their business
[ Bailii ]