Source: All England Reporter
Publisher Citation: [2006] All ER (D) 264 (Jun)
Neutral Citation: [2006] EWCA Civ 817
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Brooke and Buxton LJJ
Representation Richard Gordon QC (instructed by Allen & Overy) for the ECHR claimants.
  David Anderson QC and Marie Demetriou (instructed by Clifford Chance) for the ECJ claimants.
  Philip Sales and Jason Coppel (instructed by the Treasury Solicitor and DEFRA) for the defendants.
  Rabinder Singh QC and Kate Cook (instructed by RSPCA Legal Department) for the intervener.
Judgment Dates: 23 June 2006

Catchwords

Constitutional law - Parliament - Legislative power - Hunting - Statute to ban hunting - Whether statute proportionate interference with Convention and Community rights - , Sch 1, Pt 1, arts 8 and 11, First Protocol, art 1 - EC Treaty, arts 28, 49.

The Case

The Court of Appeal dismissed the claimants' appeals against the dismissal of their applications for judicial review to challenge the on grounds put on the basis of infringements of arts8 and 11 of the European Convention on Human Rights and art1 of the First Protocol; and on the basis of infringements of arts28 and 49 of the EC Treaty on the free movement of goods and of services.

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