Try and get the rulling for the (farmer) Vs Rechem for the incinerator case in Falkirk. Landmark case with a rulling setting a lanmdmark precedent. Thi goes back a few years but a farmer took a case and lost. Should be in the Scots Law Times. It will give you an idea of the burden of proof in animal cases.
Regards,
Robin Mackenzie
Contaminated Land Co-ordinator
Perth and Kinross Council
Tel 01738 476443
Mob: 07810057566
[log in to unmask]
----- Original Message -----
From: Contaminated Land Management Discussion List <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Tue Nov 25 17:02:04 2008
Subject: Re: Significant harm - Loss of property
Nicola,
Assuming there is no clear evidence of a causal link between
contamination and the deaths, would you be justified spending public
funds on blood/tissue testing? If the farmer has both land ownership
and financial interests they should be taking this seriously themselves.
Perhaps it would be a good strategy to ask Animal Health or the
Veterinary Laboratories Agency
(http://www.defra.gov.uk/vla/vla/vla_aboutvla.htm) working for Defra to
take the lead. You would only need to become involved if their findings
justify further investigation.
Regards,
Nick
---------------------------------
Nick Howard
Environmental Protection Manager
Environmental Health Services
Lancaster City Council
-----Original Message-----
From: Nicola Rushton [mailto:[log in to unmask]]
Sent: 25 November 2008 14:28
To: [log in to unmask]
Subject: Significant harm - Loss of property
Hi
Has anyone investigated a potential Part IIA site that has had a
significant pollutant linkage (or potential significant pollutant
linkage) involving dead cattle?
We are currently investigating the site of what is effectively a former
landraise. The site is currently a farm and the farmer stocks cattle on
the land. When we turned up recently to carry out further intrusive
investigation, we came across three dead cattle (which potentially
represents >20% diminution effect). The cattle are automatically tested
for Anthrax (for free), but any further clues regarding cause of death
are only identified on request by the farmer (normally) and the cattle
are then subject to further autopsy at cost.
Has anyone scheduled such tests before and what tests did you schedule?
I think that the cattle will not be around for long as there are
disposal issues for the farmer under ABPO so I need to make a quick
decision here (unfortunately!).
I realise that the deaths could have absolutely nothing to do with the
fact that the landraise exists, but I would prefer not to miss the
chance of undertaking tests if it means we find a SPL.
Any help would be most welcome.
Nicola
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