Supreme Court grants permission in R v Highbury Poultry Farm Produce Limited
May 31, 2019
The Supreme Court has granted permission to appeal in R v Highbury Poultry Farm Produce Limited. Stephen Hockman QC and David Hercock, instructed by Hannah Leese of Roythornes Solicitors, act on behalf of Highbury Poultry Farm Produce Limited.
Highbury Poultry Farm Produce Limited are appealing against the decision of the Divisional Court in R v Highbury Poultry Farm Produce Limited  EWHC 3122 (Admin). The appeal involves important issues relating to the scope of the legal duties on business operators under an EU Regulation which lays down rules for the killing of animals for the production of food and the legal criteria for the enforcement of those duties in the national legal order.
Following judgment in the Court below, the Divisional Court certified the following point of law as being one of general public importance:
“Whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015 brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing requires proof of mens rea and/or some culpable act or omission on the part of the business operator”.
A copy of the judgment of the Divisional Court can be found here