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Human Rights & Public Law Update 
 
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Agriculture

 
 

Beer

The tests for identifying a functional public authority under the Human Rights Act and the tests for amenability to judicial review are for practical purposes the same.





Booker Acquaculture

The destruction of fish stocks under EU disease control regulations violated fish farmers' rights under Article 1 Protocol 1


Gittus

Without establishing a legitimate expectation to continuing levels of compensation, the claimants could not argue that they had an existing "possession" under Article 1 Protocol 1.


Middlebrook Mushrooms

A decision to exclude mushrooms from the definition of produce the harvesters of which might be paid the lower Manual Harvester Worker rate constituted an unjustified interference with the employers' rights under Article 14 read with Article 1 of the First Protocol.


Petsafe Ltd, R (on the application of) v The Welsh Ministers [2010] EWHC 2908 (Admin)

The Welsh Assembly's ban on electronic training collars for domestic animals is a permissible derogation from free movement of goods


Pinnacle Meat v United Kingdom

The termination of the applicants' business because of BSE restrictions amounted to a control of property not an expropriation


Westerhall Farm

Convention rights were not engaged in the government's "slaughter and burn" policy adopted in response to the outbreak of foot and mouth disease


 

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