ADAM TEAR and SCOTT-MONCRIEFF & ASSOCIATES LTD
  • Home
  • Areas of law
    • Other areas of law
  • About
    • Adams Cases
    • Services to lawyers
  • News
  • Contact

ADAM TEAR

Scott-Moncrieff & Associates Ltd Logo linking to their website

Hunting with Birds of Prey

22/12/2019

1 Comment

 
As the traditional boxing day hunts come around, it is a timely reminder that this area of law is still far from clear. Hunts with hounds and birds of prey remain an area open to interpretation as mentioned in the interim injunction case of Fitzwilliam Land Company and others v Cheesman and others [2018] EWHC 3139 (QB). 

​A key issue in the response to this injunction was whether the hunt was illegal due to the use of hounds and birds of prey. The Hunt suggested that they were not acting unlawfully as they were hunting on an artificial trial laid, with hounds. On the occasion the hounds would find a fox, they would continue to flush the fox into open ground upon which a bird of prey, a Golden Eagle, would be used to kill the fox. The Respondents argued as recorded in paragraph 37 of the judgement that: 
... that the activities do not come within the exemption even if the evidence given by the Claimants is correct.  He submitted that the Claimants have the following difficulties.  First, there is a period during which the hounds pick up the scent, but before flushing from cover.  That is said to be hunting for the purpose of the Hunting Act 2004, and not flushing from cover.  Secondly, the flushing is not for the purpose of enabling a bird of prey to kill the wild mammal.  That is because the evidence of Mr Hunter is that at that stage there are two options, namely to enable the eagle to hunt the fox or to allow the fox to escape.  Since there are two options, it is said that there is not a purpose which is established at the point of the flushing.  Thirdly, it is not inevitable when the hounds pick up the scent they are flushing it from cover because the fox could be roaming around and not under cover.      
​
The matter is set out in more detail at paragraph 23 of the written skeleton argument of Mr Underwood QC and Mr Adam Tear.  Mr Healey was not able to say very much in response about the detailed arguments, but he says that there are likely to be factual matters in response and questions of construction about the Act.  I shall return to the illegality in the context of balance of convenience, but noting at this stage that the arguments about illegality are at this stage persuasive, without in any way deciding the same one way or the other.
The judge noted that it was persuasive at this stage that the Hunt may have been acting unlawfully when hunting in this manner. The Respondents did not take part in the final determination of the issues in the matter, and it appears it was never determined. As such it remains a live, ongoing issue. 
1 Comment
Sepik Football Manager link
22/7/2023 16:49:22

Thannk you for being you

Reply



Leave a Reply.

    Author

    Adam is a solicitor advocate, and regularly appears in the High Court and Court of Appeal dealing with some of the most complex and interesting cases.

    Archives

    May 2025
    April 2025
    May 2024
    March 2024
    January 2024
    June 2023
    February 2023
    December 2021
    November 2021
    November 2020
    September 2020
    July 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019

Contact
© 2023 Scott-Moncrieff & Associates Ltd, Mr Adam Tear, and AMT Training Solutions | Terms of Use | Privacy Policy  
Adam Tear is a solicitor in England and Wales regulated by the SRA (398890), Scott-Moncrieff & Associates Ltd are an authorised and regulated firm (596379). AMT Training Solutions Ltd is an authorised but not regulated firm (570562).
This website is not designed to give legal advice and nothing said on these pages should be construed as providing legal advice. 
Website design by AMT Training solutions. 

  • Home
  • Areas of law
    • Other areas of law
  • About
    • Adams Cases
    • Services to lawyers
  • News
  • Contact