A local authority may provide wharves, stations, lairs, sheds and other places for landing, reception, keeping, selling, slaughtering or disposing of imported and other animals, or carcases, fodder, litter1, dung or other things2. Such places are 'markets' within the Markets and Fairs Clauses Act 1847, the provisions of which relating to building, maintaining and holding markets, erecting and managing slaughterhouses, weighing goods, levying tolls, making byelaws, and accounts3, are incorporated with the Animal Health Act 1981
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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