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Court of Appeal allows appeal and overturns decision of the High Court refusing the plaintiff's claim that animal welfare legislation was incompatible with the European Convention on Human Rights, on the grounds that the trial judge fell into error by refusing to deal with this aspect of the appellant's claim; and the court remits the matter to the High Court for the rehearing of this aspect of the claim.
McCarthy J (nem diss): Appeal of a decision of the High Court refusing to grant various reliefs sought by judicial review of inspections made by officials of a government department concerning the welfare of animals on the applicant's lands - two linked appeals - seizure of animals by government department - evidence of suffering to animals on applicant's property - extensive litigation commenced by applicant - inspections carried out by department - Animal Health and Welfare Act, 2013 - European Council Directive 98/58/EC - European Communities (Protection of Animals Kept for Farming Purposes) Regulations SI No. 705 of 2006 - Court dismisses the first appeal on all grounds - whether powers exercised under Animal Health and Welfare Act, 2013 were incompatible with European Convention on Human Rights - trial judge did not deal with this issue - appeal allowed - this claim remitted to the High Court for determination.
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