Surayanda v The Welsh Ministers [2007] EWCA Civ 893 (23 July 2007)

Surayanda v The Welsh Ministers [2007] EWCA Civ 893 (23 July 2007)

The Minister's decision to order slaughter was justified and proportionate under Article 9(2) ECHR, given the serious public and animal health risks posed by bovine tuberculosis, the necessity of elimination of risk, and the importance of post-mortem examination for disease management. The balancing exercise was...

Source-derived case information.

Citation
[2007] EWCA Civ 893
Parties
Respondent: Surayanda; Appellants: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
23 July 2007
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Religion, Proportionality, Public Health, Judicial Review, Animal Disease Control
Administrative Law Human Rights Law Animal Health Law Freedom of Religion Proportionality Public Health Judicial Review Animal Disease Control

Source-derived case record

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Surayanda

Respondent

The Welsh Ministers

Appellants

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers' order to slaughter the bullock infringed Article 9 ECHR rights to manifest religious beliefs
  2. 2 Whether the interference was justified and proportionate under Article 9(2) ECHR
  3. 3 Whether the Minister lawfully exercised discretion under the Animal Health Act 1981

Ratio Decidendi

The Minister's decision to order slaughter was justified and proportionate under Article 9(2) ECHR, given the serious public and animal health risks posed by bovine tuberculosis, the necessity of elimination of risk, and the importance of post-mortem examination for disease management. The balancing exercise was properly conducted, and no exception to the slaughter policy was warranted despite the grave interference with religious rights.

Court Disposition

Appeal allowed

Orders

  • Orders quashing the slaughter notice and confirmation letter are set aside
  • Minister's decision to slaughter the bullock is upheld