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The government is concerned about the possibility of a newly discovered form of leprosy bacteria in the red squirrel population in England and Wales
The government is concerned about the possibility of a newly discovered form of leprosy bacteria in the red squirrel population in England and Wales spreading to humans. They therefore introduced a Bill into Parliament which has become the (fictitious) Leprosy (Red Squirrel: Powers of Prevention) Act 2023 ("the Act"). Section 1 states: "The Minister may, as he thinks fit, order the slaughter of any squirrel or destruction of any drey". Section 2 states: "No decision of the Minister shall be questioned in any court or tribunal". Section 3 states: "District councils shall appoint inspectors who shall have the power to enter any land or premises in order to investigate the health of the squirrel population therein". Nutkinshire District Council employed Bannertail Ltd., a local company, to perform the duties prescribed by section 3 of the Act. Russa is the Chairperson of the British Red Squirrel Preservation Society ("BRSPS"), a charity dedicated to protecting the 140,000 remaining red squirrels in the United Kingdom. The charity has commissioned extensive independent scientific research into leprosy in the red squirrel population and has found that the cases are in isolated pockets of the country and that the chances of human infection are extremely low. Indeed, the last recorded case of leprosy in the United Kingdom dates to 1798. The Minister has refused to read the research findings sent by BRSPS. After reading reports in the tabloid press that leprosy is highly infectious to children, the Minister has ordered a cull of all red squirrels within five miles of any urban area, and that any tree found to contain a red squirrel drey be felled and burnt. These actions will take place shortly. Timmy runs the Nutkinshire Wild Animal Sanctuary that is dedicated to the rescue, care, and rehabilitation of sick, injured, and orphaned wild animals. Timmy tells you that there have been no reported cases of leprosy in the red squirrel population in the Nutkinshire area. The sanctuary is currently caring for a selection of wild animals including a red squirrel with a broken leg, six abandoned fox cubs and four badgers. Employees of Bannertail Ltd recently came to the sanctuary and took all the animals and confiscated Timmy's computer and all his paper records. He has been told that the animals will be euthanized shortly as they all have leprosy. Timmy tells you that the Managing Director of Bannertail Ltd is a local farmer who is known to want a fox and badger cull in Nutkinshire to protect his livestock. Advise Russa and Timmy as to their chances of success in judicial review and any remedies they may seek. Identification of legal and constitutional issues Accuracy in relation to relevant legislation and case law Clarity of explanation of relevant legal rules Evaluation of legal rules and concepts Presentational skills (including grammar and spelling)
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