Keam, R (on the application of) v DEFRA

Keam, R (on the application of) v DEFRA

A keeper does not commit a criminal offence under the Welfare of Farmed Animals (England) Regulations 2000 if he has taken all reasonable steps to ensure compliance, even if an independent contractor defaults; liability is not strict and does not arise solely from the contractor's failure.

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, Reasonable Steps Defence, Delegation of Statutory Duty, Interpretation of Regulations
Criminal Law Animal Welfare Law Administrative Law Strict Liability Reasonable Steps Defence Delegation of Statutory Duty Interpretation of Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 liability under animal welfare regulations can be delegated or passed off by employing an independent contractor
  2. 2 Whether the obligation to 'take all reasonable steps' is satisfied by appointing a competent contractor or requires further oversight

Ratio Decidendi

A keeper does not commit a criminal offence under the Welfare of Farmed Animals (England) Regulations 2000 if he has taken all reasonable steps to ensure compliance, even if an independent contractor defaults; liability is not strict and does not arise solely from the contractor's failure.

Court Disposition

Conviction quashed; appeal allowed

Orders

  • Conviction of the Crown Court quashed
  • Legal Aid assessment ordered