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.’
Judges:
Lord Justice Chadwick Lord Justice Peter Gibson Sir Martin Nourse
Citations:
[2004] EWCA Civ 140, Gazette 18-Mar-2004, [2004] 2 Ch 36
Links:
Statutes:
Protection of Animals Act 1911 1, Protection of Animals (Amendment) Act 2000
Jurisdiction:
England and Wales
Citing:
Appeal from – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
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 . .
Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
Cited – Cornwall County Council v Baker Admn 18-Feb-2003
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 . .
Cited – South Carolina Insurance Co v Assurantie Maatschappij de Zeven Provincien NV HL 1987
There can be little basis for the grant of relief to a landowner providing protection from an action in nuisance if the landowner will not himself remedy the public nuisance. The House considered whether the circumstances gave the court power to . .
Cited – Broadmoor Hospital Authority and Another v Robinson CA 20-Dec-1999
Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain . .
Cited – Chief Constable of Kent v V 1982
In order to obtain an injunction with respect to property in the possession of a defendant, the right sought to be enforced need not be a proprietary right of the claimant, nor a right for the benefit of the claimant itself. (Slade LJ dissenting) . .
Cited – Chief Constable of Hampshire v A Ltd CA 1984
The court explained Chief Constable of Kent -v- V: ‘jurisdiction to grant an injunction on the application of the Chief Constable in that case existed only if he could be found to have a sufficient interest in making the application, and they appear . .
Cited – Chief Constable of Leicestershire v M and Another ChD 1988
The defendant had obtained money by fraud and used it to purchase property, which then increased in value.
Held: The police did not have any right based on the increase in value to found a claim for an injunction to prevent the defendant . .
Cited by:
Appealed to – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
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 . .
Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Lists of cited by and citing cases may be incomplete.
Animals, Litigation Practice
Updated: 09 June 2022; Ref: scu.193581