Keam, R (on the application of) v DEFRA [2005] EWHC 1582 (Admin) (28 June 2005)

Keam, R (on the application of) v DEFRA [2005] EWHC 1582 (Admin) (28 June 2005)

A keeper is not criminally liable under the Welfare of Farmed Animals (England) Regulations 2000 if he has personally taken all reasonable steps to ensure animal welfare, even if an independent contractor fails in their duties; liability is not strict and cannot be imposed solely due to the contractor's default.

Citation
[2005] EWHC 1582 (Admin)
Parties
Claimant: Keam; Defendant: DEFRA
Jurisdiction
England and Wales
Judgment Date
28 June 2005
Procedural Posture
Judicial Review / Appeal by Way of Case Stated / High Court Appeal From Crown Court Decision Affirming Magistrates' Court Conviction
Outcome
Conviction quashed; appeal allowed
Legal Topics
Strict Liability, Delegation of Statutory Duties, Reasonable Steps Defence, Vicarious Liability, Interpretation of Animal Welfare Regulations
Criminal Law Animal Welfare Law Administrative Law Strict Liability Delegation of Statutory Duties Reasonable Steps Defence Vicarious Liability Interpretation of Animal Welfare Regulations

Case Brief

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Parties

Keam

Claimant

DEFRA

Defendant

Procedural Posture

Judicial Review / Appeal by Way of Case Stated / High Court Appeal From Crown Court Decision Affirming Magistrates' Court Conviction

Legal Issues

  1. 1 Whether a keeper's statutory duty to take all reasonable steps to ensure animal welfare can be discharged by delegating care to a competent independent contractor
  2. 2 Whether liability under the Welfare of Farmed Animals (England) Regulations 2000 is strict or subject to a reasonable steps defence

Ratio Decidendi

A keeper is not criminally liable under the Welfare of Farmed Animals (England) Regulations 2000 if he has personally taken all reasonable steps to ensure animal welfare, even if an independent contractor fails in their duties; liability is not strict and cannot be imposed solely due to the contractor's default.

Court Disposition

Conviction quashed; appeal allowed

Orders

  • Conviction of Crown Court quashed
  • Legal Aid assessment ordered