The Humane League UK, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs

The Humane League UK, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs

Paragraph 29 constitutes a prohibition, subject to a proviso, on keeping farmed animals unless it can reasonably be expected, based on their genotype or phenotype, that they can be kept without more than minimal or momentary detrimental effect on their health or welfare. The Code of Practice does not misstate the law and the Secretary of State is under no duty to provide further guidance. The appellant’s claim fails as the court cannot resolve contested scientific issues and no declaration is appropriate.

Parties
Appellant/claimant: The Humane League UK; Respondent/defendant: Secretary of State for Environment, Food and Rural Affairs; Interested Party: National Farmers’ Union; Intervenor: Royal Society for the Prevention of Cruelty to Animals; Intervenor: British Poultry Council Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Judicial Review, Animal Welfare, Regulatory Compliance
Administrative Law Animal Welfare Law Statutory Interpretation Judicial Review Animal Welfare Regulatory Compliance

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Parties

The Humane League UK

Appellant/claimant

Secretary of State for Environment, Food and Rural Affairs

Respondent/defendant

National Farmers’ Union

Interested Party

Royal Society for the Prevention of Cruelty to Animals

Intervenor

British Poultry Council Limited

Intervenor

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Proper interpretation of Paragraph 29 of Schedule 1 to the Welfare of Farmed Animals (England) Regulations 2007
  2. 2 Lawfulness of Secretary of State’s policy permitting fast-growing breeds of chicken
  3. 3 Lawfulness of Code of Practice and trigger system for monitoring welfare

Ratio Decidendi

Paragraph 29 constitutes a prohibition, subject to a proviso, on keeping farmed animals unless it can reasonably be expected, based on their genotype or phenotype, that they can be kept without more than minimal or momentary detrimental effect on their health or welfare. The Code of Practice does not misstate the law and the Secretary of State is under no duty to provide further guidance. The appellant’s claim fails as the court cannot resolve contested scientific issues and no declaration is appropriate.

Court Disposition

Appeal dismissed