Case Note: Bonfires and Burials: Statutory Exemptions for Trespass and their Relationship to EC Law

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This case arose in the context of the slaughter and disposal policy adopted by the UK Government in response to the 2001 foot and mouth disease outbreak. This case note considers one part of what is a multi-faceted judgment. Specifically it deals with the way that EU law impinges on a government’s justification for trespass under the Animal Health Act 1981, particularly in the context of the 2001 foot and mouth disease outbreak. In so doing, the case note does not deal in any real depth with the other two major issues raised by the Feakins case: namely whether there had been an attempted ‘transaction at an undervalue’ of the Feakins’ farm, Hill Farm; and what are the proper remedies relating to a continuing trespass. Whilst both these are interesting topics in their own right, they are both outside the core ambit of this case note.

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