Philip Rule KC is instructed by Advocates for Animals, a specialist solicitors’ firm, in a judicial review challenge to a decision of the Secretary of State for the Environment, Food and Rural Affairs that fails to give effect to and adhere to the law that is in place that prohibits lifting poultry by their legs when transporting them.

The ministry has issued and continues to publish Codes of Practice that provide guidance on handling of chickens and other reared birds that are incompatible with the domestic law, which imposes legal obligations upon any operator involved in the transport of the animals under The Welfare of Animals (Transport) (England) Order 2006 (S.I. 2006/3260). That transposed a now-assimilated EU Regulation into English law. The relevant prohibition states that “It shall be prohibited to: …(d) lift or drag the animals by …legs, …”.

Furthermore breach of the Order results in commission of an imprisonable offence punishable under the Animal Health Act 1981.

The claim challenges that the publication of an incorrect, incomplete or misleading statement of legal handling methods in the Codes, that would wrongly cause or encourage persons to breach the law, is itself unlawful.

The Dutch courts have previously found that the industry practice in Holland was not being lawfully dealt with in accordance with the EU Regulation 1/2005, and the claimant hopes that the English courts will also ensure that the law is obeyed here.

Read more here:

The Animal Law Foundation

Food Manufacture

Philip Rule KC is the head of the Public Law group at No5 Chambers.