Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Secretary of State for The Home Office v. BUAV and the Information Commissioner | [2008] EWHC 892 (QB | Appeal concerning the Freedom of Information Act 2000 and experiments involving animals. The BUAV had made an information request in respect of five research project licenses issued under the Animals (Scientific Procedures) Act 1986. The Home Office released limited summary information, relying on exemptions under FOIA to reason this; namely under section 24(1) which would prohibit information from being disclosed that had been given “in confidence.” The Court of Appeal upheld the decision that the Home Office was entitled to refuse BUAV’s information request. | Case | |
| UK - Farming - UK Welfare of Farmed Animals (Amend.) | Statutory Instrument 2002 No. 1646 |
For historical purposes only. Law has been repealed and/or replaced. These Regulations may be cited as the Welfare of Farmed Animals (England) (Amendment) Regulations 2002. The provisions mainly concern egg-laying hens. |
Statute | |
| Redcliffe, St Mary the Virgin (Petition) | [2020] ECC Bri 1 | Finding that a 'non-lethal' electric shock pest control system set up to deter pigeons in a church may cause suffering, but the suffering is not unnecessary suffering under s4 of the Animal Welfare Act 2006. It was held that the conduct could not be reasonably avoided in the particular circumstances of the case, including damage caused to a grade I listed church, the chance of distress caused by the fouling of the birds, and that other pest control methods had failed. "Any suffering caused would be for a legitimate purpose ... that is the protection of property. ...the suffering is proportionate to preserve the building and to avoid distress to staff, visitors to the church and members of the congregation." | Case | |
| Barnard v. Evans | [1925] 2 KB 794 |
The expression "cruelly ill-treat"" in s 1(1)(a) of the Protection of Animals Act 1911 means to "cause unnecessary suffering" and "applies to a case where a person wilfully causes pain to an animal without justification for so doing". It is sufficient for the prosecution to prove that the animal was caused to suffer unnecessarily, and the prosecution does not have to prove that the defendant knew that his actions were unnecessary. |
Case | |
| RSPCA v. McCormick | [2016] EWHC 928 (Admin) | It was held that for an animal fight to have taken place, contrary to Section 8 of the Animal Welfare Act, the following must have occurred: a "protected animal" must have been placed with another animal in an environment where the ability of both to escape is restricted and controlled by some person or persons connected with that activity or by some artificial restraint. ‘Placed with’ is to be construed as a ‘matter of normal language.’ | Case | |
| UK - Animal Welfare - Animal Welfare (Sentencing) Act 2021 | 2021 c.21 | This Act increased the period that judges may impose prison sentences on those that breach the Animal Welfare Act 2006 (applicable in England and Wales). The Act came into force on 29 June 2021. Imprisonment has increased to 5 years (and/or an unlimited fine) for certain offences where a defendant is convicted on indictment at the Crown Court. This includes the offences of unnecessary suffering and dog fighting. Imprisonment on summary conviction for these offences at the Magistrates' Court is increased to 12 months, or a fine, or both. | Statute | |
| UK - Pets - Abandonment of Animals Act 1960 | 1960 c. 43 |
For historical purposes only. Law has been repealed and/or replaced. An Act to prohibit the abandonment of animals in circumstances likely to cause unnecessary suffering thereto. |
Statute | |
| Wales - Circus - Wild Animals and Circuses (Wales) Act 2020 | 2020 asc 2 | This Act prohibits the use of wild animals in travelling circuses in Wales. | Statute | |
| Taylor v. RSPCA | [2001] EWHC Admin 103 | [2001] 2 Cr App R 24; (2001) 165 JP 567; [2001] Crim LR 388; (2001) 165 JPN 625 |
Two women, who had been disqualified from keeping horses by a court, transferred ownership of the horses to their niece, but had continued to make arrangements for the accommodation of the horses and to provide food and water for them. The women were convicted in the Magistrates' Court of the offence of "having custody" of the horses in breach of the disqualification order, and appealed. Dismissing the appeal, the Divisional Court held that, what amounted to "custody" was primarily a matter of fact for the lower court to decide, and that the local justices had been entitled to conclude that, notwithstanding the transfer of ownership, the two women had continued to be in control, or have the power to control, the horses. |
Case |
| Webb v. Avon | [2017] EWHC 3311 | This case addressed the power of the court to make a contingent destruction order under Section 4B of the Dangerous Dogs Act 1991 (as amended). These orders allow dangerous dogs to be released and kept under strict conditions. The court held that the 19991 Act is not clear as to the breadth of who these conditions apply to, but considered that dangerous dogs may only be released to their owners or other persons properly identified as being in charge. The case was remitted to the Crown Court for further determination. The court also addressed other aspects of the 1991 Act along with the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015. | Case |