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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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If trading standards enter my domestic residence under the

Customer Question

If trading standards enter my domestic residence under the Animal Welfare Act 2006
on numerous occasions without a warrant when they are prohibited from doing so
under section 19 on numerous occasions what is my legal recourse .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

I'm really sorry but you don't have a recourse in the sense that you are thinking.

If they enter without lawful authority then the highest consequence for them is that they may not be able to rely on any of the evidence that was seized or otherwise gathered during the course of such a search. In fact, they are not always prohibited from doing so but thats the consequence that can be sought.

If they caused damage during the search then you would have a claim for any losses.

I suppose if it kept happening you could sue for harassment possibly but its hard to quantify the losses involved.

I'm very sorry but thats your position.
Customer: replied 3 years ago.

Ok, I am not so much looking for financial recompense but to obtain a judgment for harrisment resulting in stress and disruption.Which court would i need to take action in please ?


 


I also think this is a failure to observe the Human Rights Act and not to do so is unlawfull.


 


Also what about deliberate misuse of a public office.?


 


Any further thoughts would be welcome.


 


 

Expert:  Jo C. replied 3 years ago.
To be wholly honest, it would be irresponsible of my to tell you there is anything like a good chanced of succeed here.

If you are intent then you will ned to issue at the county court.
Customer: replied 3 years ago.

Ok i note your view but will proceed. I feel strongly that officers who do not


observe the law and deliberatly harris the public should be stopped. We are


rappidly moving towards a police state.

Expert:  Jo C. replied 3 years ago.
Ok. Best of luck then
Customer: replied 3 years ago.

Just one final query. I thought harrisment was a criminal offence.??

Expert:  Jo C. replied 3 years ago.
I would be delighted to look at that with you but that is a different question and you have not yet rated my answer.
Customer: replied 3 years ago.

i only raise it because you advised that the matter needs to be brought


in the county court. please clarify.

Expert:  Jo C. replied 3 years ago.
I will opt out for others then.
Customer: replied 3 years ago.

For jomo1972. I am concerned that you are not confident in the answers you give and with respect to the issue of section 19 (2) of the Animal Welfare Act 2006, you did not fully understand. When i challenge your position on issues you either do not answer the question head on, not at all or opt out.Have you any experience in these areas of law or are you simply giving a general opinion.When you can not reply you opt out.

Expert:  Jo C. replied 3 years ago.
I'm really sorry and I would love to carry on with this interesting question but I'm afraid it is becoming uneconomical for me as you have not rated either this or the other answer.I'm afraid I have opted out for others.I'm very sorry.
Customer: replied 3 years ago.

You say "I have opted out for others" I have no idea what this means.However this tipifies your answers they are not clear and incomplete


causing me to keep replying to you.

Expert:  Jo C. replied 3 years ago.
Sorry, can't help further for the reason above.

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