Petsafe Ltd & Anor, R (on the application of) v The Welsh Ministers

Petsafe Ltd & Anor, R (on the application of) v The Welsh Ministers

The Regulations are intra vires the enabling Act when construed in accordance with the rule of primary intention and the principle against penalisation under a doubtful law. The ban on electronic collars is a proportionate and justified measure to promote animal welfare, does not violate Article 34 TFEU or Article 1 of the First Protocol ECHR, and is not irrational, Wednesbury unreasonable, or perverse. The application for judicial review is dismissed.

Parties
First Claimant: Petsafe Ltd; Second Claimant: The Electronic Collar Manufacturers Association; Defendant: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
16 November 2010
Procedural Posture
Judicial Review / Judgment After Full Hearing on Permission and Merits
Outcome
Application dismissed
Legal Topics
Judicial Review, Ultra Vires, Proportionality, Free Movement of Goods, Delegated Legislation, Wednesbury Unreasonableness
Administrative Law Animal Welfare Law European Union Law Human Rights Law Judicial Review Ultra Vires Proportionality Free Movement of Goods +2 more

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Parties

Petsafe Ltd

First Claimant

The Electronic Collar Manufacturers Association

Second Claimant

Welsh Ministers

Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing on Permission and Merits

Legal Issues

  1. 1 Whether the Animal Welfare (Electronic Collars (Wales)) Regulations 2010 are ultra vires the enabling Act
  2. 2 Whether the Regulations are irrational, Wednesbury unreasonable, or perverse
  3. 3 Whether the Regulations violate Article 34 TFEU (free movement of goods) or Article 1 of the First Protocol ECHR (peaceful enjoyment of possessions)

Ratio Decidendi

The Regulations are intra vires the enabling Act when construed in accordance with the rule of primary intention and the principle against penalisation under a doubtful law. The ban on electronic collars is a proportionate and justified measure to promote animal welfare, does not violate Article 34 TFEU or Article 1 of the First Protocol ECHR, and is not irrational, Wednesbury unreasonable, or perverse. The application for judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Permission to apply for judicial review granted
  • Substantive application for judicial review dismissed