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Titlesort ascending Citation Alternate Citation Summary Type
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.

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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
Scotland - Animal Welfare - 2003 Proposal 2003 Proposal, Protection of Animals (Scotland) Act 1912 For historical purposes only. Law has been repealed and/or replaced. The Scottish Executive (SE) issued a consultation paper on 21st March 2003 on proposals to amend the Protection of Animals (Scotland) Act 1912. These proposals were aimed at addressing the specific problem of the lack of statutory powers available to local authorities to remove neglected farm livestock, which are suffering or at risk of suffering, to a place of safely. The responses from a number of organisations to that paper have shown a clear desire for a much wider reform of our existing animal welfare legislation. Ministers now wish to consider expanding the proposed amendment to the Protection of Animals (Scotland) Act 1912 and to introduce wider legislation aimed at consolidating and updating much of the existing animal welfare legislation in Scotland. The purpose of any new legislation will be to prevent cruelty to any animal and to set out the obligations of people to promote the welfare of all animals (including domestic pets) for which they are either permanently or temporarily responsible. This will include owning, managing, or in any way keeping any animal, including buying, selling and transporting. Statute
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
Rowley v. Murphy [1964] 2 QB 43 [1963] 3 WLR 1061; [1964] 1 All ER 50; 128 JP 88; 107 SJ 982

A deer being hunted with a pack of hounds jumped onto a road and fell under a stationery vehicle. Members of the hunt dragged the deer from under the vehicle to a nearby enclosure, where the Master of the hunt slit the deer's throat and killed it. The Divisional Court held that the Master could not be convicted of an offence of cruelty under the 1911 Act because, for the purposes of that Act, which protects only captive and domestic animals, a mere temporary inability to escape did not amount to a state of captivity.

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Rogers v. Teignbridge District Council

A planned event called "The Creepy Crawly Show" was to have been held at a racecourse and to have involved the display and sale of small exotic animals by a number of different breeders, dealers and enthusiasts. The event's organizer applied to the local council for a pet shop licence under the Pet Animals Act 1951. The application was refused on the ground that the event was prohibited by section 2 of the Act which states that a person is guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". The organizer's appeal to the local magistrates court was dismissed. Held: the holding of the event would have involved the carrying on a business of selling pets in a "public place". It would also have involved the selling of animals in a market. The event was therefore prohibited by section 2 and that it would have been unlawful for the local authority to have licensed it.

Case
Rapa Ltd. v. Trafford Borough Council

Section 2 of the Pet Animals Act 1951 states that a person shall be guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". Small transparent cubes containing water and live fish were sold as novelty items, known as 'aquababies', from a barrow in a thoroughfare of a large indoor shopping mall. The Court found that this activity involved the carrying on of a business of selling pets in a "public place" and was therefore prohibited by section 2.

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R. v. Senior [1899] 1 QB 283

Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" ( per Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)).

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R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd. CO/467/93

Although a local authority may not adopt a policy of not enforcing certain laws or not enforcing them against certain types of parties, it may nevertheless make rational choices with respect to the use of its enforcement powers in order to deploy its limited resources in the most efficient and effective manner.

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R. (on the application of Petsafe Ltd) v Welsh Ministers 2010 WL 4503327

Pet product manufacturer challenged a Welsh ban on the use of electric collars on cats and dogs  under the Animal Welfare Regulations 2010. The High Court held that the Regulations were not beyond the powers of the Welsh Ministers, and that the ban was not irrational, unreasonable or perverse. The High Court also held that any restriction on the free movement of goods under Article 34 of the EU Treaty was proportional and necessary, due to the fact that it was not targeted at trade, but rather meant to further social policy promoting animal welfare. Similarly, any interference with Article 1 of the First Protocol of the European Convention on Human Rights (ECHR) was also justifiable.

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