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.
Leveson J
[2003] EWHC 1696 (Admin), Times 23-Jul-2003
Bailii
Protection of Animals Act 1911 1(1)(a), Wildlife and Countryside Act 1981 8(1)
England and Wales
Citing:
Applied – Barnard v Evans 1925
‘causing unnecessary suffering’ under the Act means doing something which it is not reasonably necessary to do and which is not justified. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.185616
